HOUSE FILE 2001

BY  WILLEMS

A BILL FOR

An Act transferring certain duties of the board of educational examiners to the department of education, making an appropriation, providing for properly related matters, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  256.100  Definitions.
   As used in this subchapter, unless the context otherwise requires:
   1.  “Administrator” means a person who is licensed to coordinate, supervise, or direct an educational program or the activities of other practitioners.
   2.  “Board” means the board of educational examiners.
   3.  “Certificate” means limited recognition to perform instruction and instruction-related duties in school, other than those duties for which practitioners are licensed. A certificate is nonexclusive recognition and does not confer the exclusive authority of a license.
   4.  “Department” means the department of education.
   5.  “License” means the authority that is given to allow a person to legally serve as a practitioner, a school, an institution, or a course of study to legally offer professional development programs, other than those programs offered by practitioner preparation schools, institutions, courses of study, or area education agencies. A license is the exclusive authority to perform the specified functions.
   6.  “Para-educator” means a person who is certified to assist a teacher in the performance of instructional tasks to support and assist classroom instruction and related school activities.
   7.  “Practitioner” means an administrator, teacher, or other licensed professional, including an individual who holds a statement of professional recognition, who provides educational assistance to students.
   8.  “Practitioner preparation program” means a program approved by the state board of education which prepares a person to obtain a license as a practitioner.
   9.  “Principal” means a licensed member of a school’s instructional staff who serves as an instructional leader, coordinates the process and substance of educational and instructional programs, coordinates the budget of the school, provides formative evaluation for all practitioners and other persons in the school, recommends or has effective authority to appoint, assign, promote, or transfer personnel in a school building, implements the local school board’s policy in a manner consistent with professional practice and ethics, and assists in the development and supervision of a school’s student activities program.
   10.  “Professional development program” means a course or program which is offered by a person or agency for the purpose of providing continuing education for the renewal or upgrading of a practitioner’s license.
   11.  “School” means a school under section 280.2, an area education agency, and a school operated by a state agency for special purposes.
   12.  “School service personnel” means those persons holding a practitioner’s license who provide support services for a student enrolled in school or to practitioners employed in a school.
   13.  “Student” means a person who is enrolled in a course of study at a school or practitioner preparation program, or who is receiving direct or indirect assistance from a practitioner.
   14.  “Superintendent” means an administrator who promotes, demotes, transfers, assigns, or evaluates practitioners or other personnel, and carries out the policies of a governing board in a manner consistent with professional practice and ethics.
   15.  “Teacher” means a licensed member of a school’s instructional staff who diagnoses, prescribes, evaluates, and directs student learning in a manner which is consistent with professional practice and school objectives, shares responsibility for the development of an instructional program and any coordinating activities, evaluates or assesses student progress before and after instruction, and who uses the student evaluation or assessment information to promote additional student learning.
    Sec. 2.  NEW SECTION.  256.101  Licensing and related duties.
   The department shall exercise the exclusive authority to:
   1.
  License practitioners, which includes the authority to establish criteria for the licenses; establish issuance and renewal requirements; create application and renewal forms; create licenses that authorize different instructional functions or specialties; and develop any other classifications, distinctions, and procedures which may be necessary to exercise licensing duties.
   2.  Establish, collect, and refund fees for a license.
   3.  Enter into reciprocity agreements with other equivalent state entities or a national certification board to provide for licensing of applicants from other states or nations.
   4.  Apply for and receive federal or other funds on behalf of the state for purposes related to its duties under this subchapter.
   5.  Evaluate and conduct studies of department standards under this subchapter.
   6.  Hire a licensing director, licensing administrator for the board, and other personnel and control the personnel administration of persons employed by the department pursuant to this subchapter and by the board pursuant to chapter 272.
   7.  Hear appeals regarding application for or renewal of a license. Department action is final agency action for purposes of chapter 17A.
   8.  Establish standards for the determination of whether an applicant is qualified to perform the duties required for a given license.
   9.  Issue statements of professional recognition to school service personnel who have attained a minimum of a baccalaureate degree and who are licensed by another professional licensing board, including but not limited to athletic trainers licensed under chapter 152D.
   10.  Make recommendations to the state board of education concerning standards for the approval of professional development programs.

   11.  Establish, under chapter 17A, rules necessary to carry out department duties under this subchapter.
   12.  Adopt rules to provide for nontraditional preparation options for licensing persons who hold a bachelor’s degree from an accredited college or university, who do not meet other requirements for licensure.
   13.  Adopt rules, in cooperation with the board, to determine whether an applicant is qualified to perform the duties for which a license is sought. The rules shall include all of the following:
   a.  The department may deny a license to a person upon the department’s finding by a preponderance of evidence that either the person has been convicted of a crime or that there has been a founded report of child abuse against the person. Rules adopted in accordance with this paragraph shall provide that in determining whether a person should be denied a license, the department shall consider the nature and seriousness of the founded abuse or crime in relation to the position sought, the time elapsed since the crime was committed, the degree of rehabilitation which has taken place since the incidence of founded abuse or the commission of the crime, the likelihood that the person will commit the same abuse or crime again, and the number of founded abuses committed by or criminal convictions of the person involved.
   b.  Notwithstanding paragraph “a”, the rules shall require the department to disqualify an applicant for a license for any of the following reasons:
   (1)  The person entered a plea of guilty to, or has been found guilty of, any of the following offenses, whether or not a sentence is imposed:
   (a)  Any of the following forcible felonies included in section 702.11:  child endangerment, assault, murder, sexual abuse, or kidnapping.
   (b)  Any of the following sexual abuse offenses, as provided in chapter 709, involving a child:

   (i)  First, second, or third degree sexual abuse committed on or with a person who is under the age of eighteen years.
   (ii)  Lascivious acts with a child.
   (iii)  Assault with intent to commit sexual abuse.
   (iv)  Indecent contact with a child.
   (v)  Sexual exploitation by a counselor.
   (vi)  Lascivious conduct with a minor.
   (vii)  Sexual exploitation by a school employee.
   (c)  Enticing a minor under section 710.10.
   (d)  Human trafficking under section 710A.2.
   (e)  Incest involving a child under section 726.2.
   (f)  Dissemination and exhibition of obscene material to minors under section 728.2.
   (g)  Telephone dissemination of obscene material to minors under section 728.15.
   (h)  Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in federal, military, or foreign court, that is comparable to an offense listed in this subparagraph (1).
   (i)  Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in this subparagraph (1).
   (2)  The applicant is less than twenty-one years of age except as provided in section 256.114, subsection 1, paragraph “e”. However, a student enrolled in a practitioner preparation program who meets department requirements for a temporary, limited-purpose license who is seeking to teach as part of a practicum or internship may be less than twenty-one years of age.
   (3)  The applicant’s application is fraudulent.
   (4)  The applicant’s license or certification from another state is suspended or revoked.
   (5)  The applicant fails to meet department standards for application for an initial or renewed license.

   c.  Qualifications or criteria for the granting of a license or the determination of an individual’s professional standing shall not include membership or nonmembership in any teachers’ organization.
   d.  An applicant for a license or certificate under this subchapter shall demonstrate that the requirements of the license or certificate have been met and the burden of proof shall be on the applicant.
   14.  Adopt criteria for administrative endorsements that allow a person to achieve the endorsement authorizing the person to serve as an elementary or secondary principal without regard to the grade level at which the person accrued teaching experience.
   15.  Adopt rules to require that a background investigation be conducted by the division of criminal investigation of the department of public safety on all initial applicants for licensure. The department shall also require all initial applicants to submit a completed fingerprint packet and shall use the packet to facilitate a national criminal history background check. The department shall have access to, and shall review the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under chapter 235A, and the dependent adult abuse records maintained under chapter 235B for information regarding applicants for license renewal.
   16.  May adopt rules for practitioners who are not eligible for a statement of professional recognition under subsection 9, but have received a baccalaureate degree and provide a service to students at any or all levels from prekindergarten through grade twelve for a school district, accredited nonpublic school, area education agency, or preschool program established pursuant to chapter 256C.
   17.  Coordinate with the board to facilitate the ability of the department and the board to carry out their respective duties.
    Sec. 3.  NEW SECTION.  256.102  Validity of license.
   1.  A license issued under department authority is valid for the period of time for which it is issued, unless the license is suspended or revoked. A license issued by the department is valid until the last day of the practitioner’s birth month in the year in which the license expires. No permanent licenses shall be issued. A person employed as a practitioner shall hold a valid license with an endorsement for the type of service for which the person is employed. This section does not limit the duties or powers of a school board to select or discharge practitioners or to terminate practitioners’ contracts. A professional development program, except for a program offered by a practitioner preparation institution or area education agency and approved by the state board of education, must possess a valid license for the types of programs offered.
   2.  The licensing director of the department may grant or deny license applications and applications for renewal of a license. A denial of an application for a license or the denial of an application for renewal may be appealed by the practitioner to the department.
   3.  The department may issue emergency renewal or temporary, limited-purpose licenses upon petition by a current or former practitioner. An emergency renewal or a temporary, limited-purpose license may be issued for a period not to exceed two years if a petitioner demonstrates, to the satisfaction of the department, good cause for failure to comply with department requirements for a regular license and provides evidence that the petitioner will comply with department requirements within the period of the emergency or temporary license. Under exceptional circumstances, an emergency license may be renewed by the department for one additional year. A previously unlicensed person is not eligible for an emergency or temporary license, except that a student who is enrolled in a licensed practitioner preparation program may be issued a temporary, limited-purpose license, without payment of a fee, as part of a practicum or internship program.
    Sec. 4.  NEW SECTION.  256.103  License to applicants from other states or countries.
   1.  The department may issue a license to an applicant from another state or country if the applicant files evidence of the possession of the required or equivalent requirements with the department. If the applicant is the spouse of a military person who is on duty or in active state duty as defined in section 29A.1, subsections 9 and 11, the department shall assign a consultant to be the single point of contact for the applicant regarding nontraditional licensure.
   2.  The licensing director of the department may, subject to department approval, enter into reciprocity agreements with another state or country for the licensing of practitioners on an equitable basis of mutual exchange, when the action is in conformity with law.
   3.  Practitioner preparation and professional development programs offered in this state by out-of-state institutions must be approved by the department in order to recommend candidates for licensure or renewal of a license by an applicant.
    Sec. 5.  NEW SECTION.  256.104  Continuity of certificates and licenses.
   1.  A certificate which was issued by the board of educational examiners to a practitioner before July 1, 1989, continues to be in force as long as the certificate complies with the rules and statutes in effect on July 1, 1989. Requirements for the renewal of licenses, under this subchapter, do not apply retroactively to renewal of certificates. However, this section does not limit the duties or powers of a school board to select or discharge practitioners or to terminate practitioners’ contracts.

   2.  A practitioner who holds a certificate issued before July 1, 1989, shall, upon application and payment of a fee, be granted a license which will permit the practitioner to perform the same duties and functions as the practitioner was entitled to perform with the certificate held at the time of application. A practitioner shall be permitted to convert a permanent certificate to a term certificate, after July 1, 1989, without payment of a fee.
    Sec. 6.  NEW SECTION.  256.105  Administrator licenses.
   1.  Requirements for administrator licensure beyond an initial license shall include completion of a beginning administrator mentoring and induction program and demonstration of competence on the administrator standards adopted pursuant to section 284A.3.
   2.  The department shall adopt rules for administrator licensure renewal that include credit for individual administrator professional development plans developed in accordance with section 284A.6.
   3.  An administrator formerly employed by an accredited nonpublic school or formerly employed as an administrator in another state or country is exempt from the mentoring and induction requirement under subsection 1 if the administrator can document two years of successful administrator experience and meet or exceed the requirements contained in rules adopted pursuant to this subchapter for endorsement and licensure. However, if an administrator cannot document two years of successful administrator experience when hired by a school district, the administrator shall meet the requirements of subsection 1.
    Sec. 7.  NEW SECTION.  256.106  Fees.
   1.  It is the intent of the general assembly that licensing fees established by the department be sufficient to finance the activities of the department under this subchapter and the board under chapter 272.
   2.  Licensing fees are payable to the treasurer of state and shall be deposited with the licensing director. The licensing director shall deposit twenty-five percent of the fees collected annually with the treasurer of state and the fees shall be credited to the general fund of the state. The remaining licensing fees collected during the fiscal year shall be retained by and are appropriated to the department for the purposes of carrying out the duties of the department under this subchapter and the duties of the board under chapter 272. The department shall establish procedures for transmission to the department of an annual budget request by the board for the subsequent fiscal year. Notwithstanding section 8.33, licensing fees retained by and appropriated to the department pursuant to this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the activities of the department as provided in this subchapter and of the board as provided in chapter 272 until the close of the succeeding fiscal year.
   3.  The licensing director shall keep an accurate and detailed account of fees received, including fees paid to the treasurer of state and fees retained by the department.
   4.  The department shall submit a detailed annual financial report regarding the fees collected pursuant to this subchapter by January 1 to the chairpersons and ranking members of the joint appropriations subcommittee on education and the legislative services agency.
    Sec. 8.  NEW SECTION.  256.107  Expenditures and refunds.
   Expenditures and refunds made by the department under this subchapter shall be certified by the licensing director of the department to the director of the department of administrative services, and if found correct, the director of the department of administrative services shall approve the expenditures and refunds and draw warrants upon the treasurer of state from the funds appropriated for that purpose.
    Sec. 9.  NEW SECTION.  256.108  Para-educator certificates.
   The department shall adopt rules pursuant to chapter 17A relating to a voluntary certification system for para-educators. The rules shall specify rights, responsibilities, levels, and qualifications for the certificate. Applicants shall be disqualified for any reason specified in section 256.101, subsection 13, or in administrative rule. Notwithstanding section 256.101, subsection 13, paragraph “b”, subparagraph (2), the department may issue a para-educator certificate to a person who is at least eighteen years of age. A person holding a para-educator certificate shall not perform the duties of a licensed practitioner. A certificate issued pursuant to this subchapter shall not be considered a teacher or administrator license for any purpose specified by law, including the purposes specified under this subchapter or chapter 279.
    Sec. 10.  NEW SECTION.  256.109  National certification.
   The department shall review the standards for teacher’s certificates adopted by the national board for professional teaching standards, a nonprofit corporation created as a result of recommendations of the task force on teaching as a profession of the Carnegie forum on education and the economy. In those cases in which the standards required by the national board for an Iowa endorsement or license meet or exceed the requirements contained in rules adopted under this subchapter for that endorsement or license, the department shall issue endorsements or licenses to holders of certificates issued by the national board who request the endorsement or license.
    Sec. 11.  NEW SECTION.  256.110  Rules for practitioner preparation programs.
   The state board of education shall adopt rules pursuant to chapter 17A to implement the following for approved practitioner preparation programs:
   1.  A requirement that each student admitted to an approved practitioner preparation program must participate in field experiences that include both observation and participation in teaching activities in a variety of school settings. These field experiences shall comprise a total of at least eighty hours in duration, at least ten hours of which shall occur prior to a student’s acceptance in an approved practitioner preparation program. The student teaching experience shall be a minimum of fourteen weeks in duration during the student’s final year of the practitioner preparation program.
   2.  A requirement that faculty members in professional education maintain an ongoing involvement in activities in elementary, middle, or secondary schools. The activities shall include at least sixty hours of instructional work during a period not exceeding seven years in duration at the elementary, middle, or secondary level.
   3.  A requirement that the program include instruction in skills and strategies to be used in classroom management of individuals, and of small and large groups, under varying conditions; skills for communicating and working constructively with pupils, teachers, administrators, and parents; and skills for understanding the role of the board of education and the functions of other education agencies in the state. The requirement shall be based upon recommendations of the department after consultation with teacher education faculty members in colleges and universities.
   4.  A requirement that prescribes minimum experiences and responsibilities to be accomplished during the student teaching experience by the student teacher and by the cooperating teacher based upon recommendations of the department after consultation with teacher education faculty members in colleges and universities. The student teaching experience shall include opportunities for the student teacher to become knowledgeable about the Iowa teaching standards, including a mock evaluation. The mock evaluation shall not be used as an assessment tool by the practitioner preparation program. The student teaching experience shall consist of interactive experiences involving the college or university personnel, the student teacher, the cooperating teacher, and administrative personnel from the cooperating teacher’s school district.
   5.  A requirement that each approved practitioner preparation or professional development institution annually offer a workshop for cooperating teachers. The workshop shall define the objectives of the student teaching experience, review the responsibilities of the cooperating teacher, and provide the cooperating teacher other information and assistance the institution deems necessary.
   6.  A requirement that practitioner preparation students receive instruction in the use of electronic technology for classroom and instructional purposes.
   7.  A requirement that approved practitioner preparation institutions annually solicit the views of the education community regarding the institution’s practitioner preparation programs.
   8.  A requirement that an approved practitioner preparation institution submit evidence that the college or department of education is communicating with other colleges or departments in the institution so that practitioner preparation students may integrate teaching methodology with subject matter areas of specialization.
   9.  A requirement that an approved practitioner preparation program submit evidence that the evaluation of the performance of a student teacher is a cooperative process that involves both the faculty member supervising the student teacher and the cooperating teacher. The rules shall require that each institution develop a written evaluation procedure for use by the cooperating teacher and a form for evaluating student teachers, and require that a copy of the completed form be included in the student teacher’s permanent record.
    Sec. 12.  NEW SECTION.  256.111  Student teaching and other educational experiences.
   If the rules adopted by the department for issuance of any type or class of license require an applicant to complete work in student teaching, prestudent teaching experiences, field experiences, practicums, clinicals, or internships, an institution with a practitioner preparation program approved by the state board of education under section 256.7, subsection 3, shall enter into a written contract with any school district, accredited nonpublic school, preschool registered or licensed by the department of human services, or area education agency in Iowa under terms and conditions as agreed upon by the contracting parties. The terms and conditions of a written contract entered into with a preschool pursuant to this section shall provide that a student teacher be under the direct supervision of an appropriately licensed cooperating teacher who is employed to teach at the preschool. Students actually teaching or engaged in preservice licensure activities in a school district under the terms of such a contract are entitled to the same protection, under section 670.8, as is afforded by that section to officers and employees of the school district, during the time they are so assigned.
    Sec. 13.  NEW SECTION.  256.112  Mentoring and induction requirement.
   1.  Requirements for teacher licensure beyond an initial license shall include successful completion of a beginning teacher mentoring and induction program approved by the state board of education.
   2.  A teacher from an accredited nonpublic school or another state or country is exempt from the requirement of subsection 1 if the teacher can document three years of successful teaching experience and meet or exceed the requirements contained in rules adopted under this subchapter for endorsement and licensure.
    Sec. 14.  NEW SECTION.  256.113  Annual administrative rules review.
   The licensing director shall annually review the administrative rules adopted pursuant to this subchapter and related state laws. The licensing director shall submit the licensing director’s findings and recommendations in a report every three years to the department and the chairpersons and ranking members of the senate and house standing committees on education and the joint appropriations subcommittee on education by January 15.
    Sec. 15.  NEW SECTION.  256.114  Authorizations —— coaching —— school business officials.
   1.  The minimum requirements for the department to award a coaching authorization to an applicant are:
   a.  Successful completion of one semester credit hour or ten contact hours in a course relating to knowledge and understanding of the structure and function of the human body in relation to physical activity.
   b.  Successful completion of one semester credit hour or ten contact hours in a course relating to knowledge and understanding of human growth and development of children and youth in relation to physical activity.
   c.  Successful completion of two semester credit hours or twenty contact hours in a course relating to knowledge and understanding of the prevention and care of athletic injuries and medical and safety problems relating to physical activity.
   d.  Successful completion of one semester credit hour or ten contact hours relating to knowledge and understanding of the techniques and theory of coaching interscholastic athletics.
   e.  Attainment of at least eighteen years of age.
   2.
  a.  The department shall issue a school business official authorization to an individual who successfully completes a training program that meets the standards set by the state board of education pursuant to section 256.7, subsection 30, and who complies with rules adopted by the department pursuant to subsection 3.
   b.  A person hired on or after July 1, 2012, as a school business official responsible for the financial operations of a school district who is without prior experience as a school business official in Iowa shall either hold the school business official authorization issued pursuant to paragraph “a” of this subsection or obtain the authorization within two years of the start date of employment as a school business official.
   c.  An individual employed as a school business official prior to July 1, 2012, who meets the requirements of the department, other than the training program requirements of paragraph “a”, shall be issued, with no fee for issuance, an initial authorization by the department, but shall meet renewal requirements for an authorization within the time period specified by the department.
   3.  The department shall adopt rules under chapter 17A for authorizations, including but not limited to approval of courses, validity and expiration, fees, and suspension and revocation of authorizations.
   4.  The state board of education shall work with institutions of higher education, private colleges and universities, community colleges, area education agencies, and professional organizations to ensure that the courses and programs required for authorization under this section are offered throughout the state at convenient times and at a reasonable cost.
    Sec. 16.  Section 261E.3, subsection 2, paragraph a, subparagraph (6), Code Supplement 2011, is amended to read as follows:
   (6)  If the instruction for any program authorized by this chapter is provided at a school district facility or a neutral site, the teacher or instructor shall have successfully passed a background investigation conducted in accordance with section 272.2, subsection 17
 
256.101, subsection 14, prior to providing such instruction. For purposes of this section, “neutral site” means a facility that is not owned or operated by an institution.
    Sec. 17.  Section 272.2, Code Supplement 2011, is amended to read as follows:
   272.2  Board of examiners created.
   The board of educational examiners is created to exercise the exclusive authority to:
   1.
  a.  License practitioners, which includes the authority to establish criteria for the licenses; establish issuance and renewal requirements; create application and renewal forms; create licenses that authorize different instructional functions or specialties; develop
 
Develop a code of professional rights and responsibilities, practices, and ethics, which shall, among other things, address the failure of a practitioner to fulfill contractual obligations under section 279.13; and develop any other classifications, distinctions, and procedures which may be necessary to exercise licensing duties. In addressing the failure of a practitioner to fulfill contractual obligations, the board shall consider factors beyond the practitioner’s control.
   b.  Provide annually to any person who holds a license, certificate, authorization, or statement of recognition issued by the board
 
department, training relating to the knowledge and understanding of the board’s code of professional conduct and ethics. The board shall develop a curriculum that addresses the code of professional conduct and ethics and shall annually provide regional training opportunities throughout the state.
   2.  Establish, collect, and refund fees for a license.
   3.  Enter into reciprocity agreements with other equivalent state boards or a national certification board to provide for licensing of applicants from other states or nations.
   4.
  2.  Enforce rules adopted by the board
 
or the department through revocation or suspension of a license, or by other disciplinary action against a practitioner or professional development program licensed by the board of educational examiners
 
department. The board shall designate who may or shall initiate a licensee disciplinary investigation and a licensee disciplinary proceeding, and who shall prosecute a disciplinary proceeding and under what conditions, and shall state the procedures for review by the board of findings of fact if a majority of the board does not hear the disciplinary proceeding. However, in a case alleging failure of a practitioner to fulfill contractual obligations, the person who files a complaint with the board, or the complainant’s designee, shall represent the complainant in a disciplinary hearing conducted in accordance with this chapter.
   5.  Apply for and receive federal or other funds on behalf of the state for purposes related to its duties.
   6.  Evaluate and conduct studies of board standards.
   7.  Hire an executive director, legal counsel, and other personnel and control the personnel administration of persons employed by the board.
   8.
  3.  Hear appeals regarding application, renewal, suspension, or revocation of a license. Board action is final agency action for purposes of chapter 17A.
   9.  Establish standards for the determination of whether an applicant is qualified to perform the duties required for a given license.
   10.  Issue statements of professional recognition to school service personnel who have attained a minimum of a baccalaureate degree and who are licensed by another professional licensing board, including but not limited to athletic trainers licensed under chapter 152D.
   11.  Make recommendations to the state board of education concerning standards for the approval of professional development programs.
   12.
  4.  Establish, under chapter 17A, rules necessary to carry out board duties, and establish a budget request.
   13.  Adopt rules to provide for nontraditional preparation options for licensing persons who hold a bachelor’s degree from an accredited college or university, who do not meet other requirements for licensure.
   14.
  5.  Adopt rules, in cooperation with the department, to determine whether an applicant
 
a person is qualified to perform the duties for which
 
the person holds a license is sought. The rules shall include all of the following:
   a.  The board may deny a license to or revoke the license of a person upon the board’s finding by a preponderance of evidence that either the person has been convicted of a crime or that there has been a founded report of child abuse against the person. Rules adopted in accordance with this paragraph shall provide that in determining whether a person should be denied a license or that a practitioner’s license should be revoked, the board shall consider the nature and seriousness of the founded abuse or crime in relation to the position sought, the time elapsed since the crime was committed, the degree of rehabilitation which has taken place since the incidence of founded abuse or the commission of the crime, the likelihood that the person will commit the same abuse or crime again, and the number of founded abuses committed by or criminal convictions of the person involved.
   b.  Notwithstanding paragraph “a”, the rules shall require the board to disqualify an applicant for a license or to revoke the license of a person for any of the following reasons:
   (1)  The person entered a plea of guilty to, or has been found guilty of, any of the following offenses, whether or not a sentence is imposed:
   (a)  Any of the following forcible felonies included in section 702.11:  child endangerment, assault, murder, sexual abuse, or kidnapping.
   (b)  Any of the following sexual abuse offenses, as provided in chapter 709, involving a child:
   (i)  First, second, or third degree sexual abuse committed on or with a person who is under the age of eighteen years.
   (ii)  Lascivious acts with a child.
   (iii)  Assault with intent to commit sexual abuse.
   (iv)  Indecent contact with a child.
   (v)  Sexual exploitation by a counselor.
   (vi)  Lascivious conduct with a minor.
   (vii)  Sexual exploitation by a school employee.
   (c)  Enticing a minor under section 710.10.

   (d)  Human trafficking under section 710A.2.
   (e)  Incest involving a child under section 726.2.
   (f)  Dissemination and exhibition of obscene material to minors under section 728.2.
   (g)  Telephone dissemination of obscene material to minors under section 728.15.
   (h)  Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in federal, military, or foreign court, that is comparable to an offense listed in this subparagraph (1).
   (i)  Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in this subparagraph (1).
   (2)  The applicant is less than twenty-one years of age except as provided in section 272.31, subsection 1, paragraph “e”. However, a student enrolled in a practitioner preparation program who meets board requirements for a temporary, limited-purpose license who is seeking to teach as part of a practicum or internship may be less than twenty-one years of age.
   (3)

(2)  The applicant’s
 
person’s application
 
to the department is
 
found to be fraudulent.
   (4)
  (3)  The applicant’s
 
person’s license or certification from another state is suspended or revoked.
   (5)  The applicant fails to meet board standards for application for an initial or renewed license.
   c.  Qualifications or criteria for the granting or revocation of a license or the determination of an individual’s professional standing shall not include membership or nonmembership in any teachers’ organization.
   d.  An applicant for a license or certificate under this chapter shall demonstrate that the requirements of the license or certificate have been met and the burden of proof shall be on the applicant.
   15.
  6.  Adopt rules that require specificity in written complaints that are filed by individuals who have personal knowledge of an alleged violation and which are accepted by the board, provide that the jurisdictional requirements as set by the board in administrative rule are met on the face of the complaint before initiating an investigation of allegations, provide that any investigation be limited to the allegations contained on the face of the complaint, provide for an adequate interval between the receipt of a complaint and public notice of the complaint, permit parties to a complaint to mutually agree to a resolution of the complaint filed with the board, allow the respondent the right to review any investigative report upon a finding of probable cause for further action by the board, require that the conduct providing the basis for the complaint occurred within three years of discovery of the event by the complainant unless good cause can be shown for an extension of this limitation, and require complaints to be resolved within one hundred eighty days unless good cause can be shown for an extension of this limitation.
   16.  Adopt criteria for administrative endorsements that allow a person to achieve the endorsement authorizing the person to serve as an elementary or secondary principal without regard to the grade level at which the person accrued teaching experience.
   17.  Adopt rules to require that a background investigation be conducted by the division of criminal investigation of the department of public safety on all initial applicants for licensure. The board shall also require all initial applicants to submit a completed fingerprint packet and shall use the packet to facilitate a national criminal history background check. The board shall have access to, and shall review the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under chapter 235A, and the dependent adult abuse records maintained under chapter 235B for information regarding applicants for license renewal.
   18.  May adopt rules for practitioners who are not eligible for a statement of professional recognition under subsection 10, but have received a baccalaureate degree and provide a service to students at any or all levels from prekindergarten through grade twelve for a school district, accredited nonpublic school, area education agency, or preschool program established pursuant to chapter 256C.
   7.  Coordinate with the department to facilitate the ability of the board and the department to carry out their respective duties.
    Sec. 18.  Section 272.3, Code 2011, is amended to read as follows:
   272.3  Membership.
   1.  The board of educational examiners consists of twelve
 
fourteen members. Two must be members of the general public, one must be the director of the department of education or the director’s designee, and the remaining nine
 
eleven members must be licensed practitioners. One of the public members shall have served on a school board. The public members shall never have held a practitioner’s license, but shall have a demonstrated interest in education.

One practitioner shall be selected from a teacher preparation program. One practitioner shall be selected from an administrator preparation program. The
 
other nine practitioners shall be selected from the following areas and specialties of the teaching profession:
   a.  Elementary teachers.
   b.  Secondary teachers.
   c.  Special education or other similar teachers.
   d.  Counselors or other special purpose practitioners.
   e.  Administrators.
   f.  School service personnel.
   2.  A majority of the licensed practitioner members shall be nonadministrative practitioners. Four of the members shall be administrators. Membership of the board shall comply with the requirements of sections 69.16 and 69.16A. A quorum of the board shall consist of six
 
seven members. Members shall elect a chairperson of the board. Members, except for the director of the department of education or the director’s designee, shall be appointed by the governor subject to confirmation by the senate.
    Sec. 19.  Section 272.5, Code 2011, is amended to read as follows:
   272.5  Compensation of board, executive director.
   Members shall be reimbursed for actual and necessary expenses incurred while engaged in their official duties and may be entitled to per diem compensation as authorized under section 7E.6. For duties performed during an ordinary school day by a member who is employed by a school corporation or state university, the member shall also receive regular compensation from the school or university. However, the member shall reimburse the school or university in the amount of the per diem compensation received.
   The board of educational examiners shall set the salary of the executive director within the range established for the position by the general assembly.
    Sec. 20.  Section 272.7, Code 2011, is amended to read as follows:
   272.7  Validity
 
Suspension or revocation of license.
   A license issued under board authority is valid for the period of time for which it is issued, unless the license is suspended or revoked. A license issued by the board is valid until the last day of the practitioner’s birth month in the year in which the license expires. No permanent licenses shall be issued. A person employed as a practitioner shall hold a valid license with an endorsement for the type of service for which the person is employed. This section does not limit the duties or powers of a school board to select or discharge practitioners or to terminate practitioners’ contracts. A professional development program, except for a program offered by a practitioner preparation institution or area education agency and approved by the state board of education, must possess a valid license for the types of programs offered.
   The executive director
 
licensing administrator of the board may grant or deny license applications, applications for renewal of a license, and suspension
 
suspend or revocation of
 
revoke a license. A denial of an application for a license, the denial of an application for renewal, or a suspension or revocation of a license may be appealed by the practitioner to the board.
   The board may issue emergency renewal or temporary, limited-purpose licenses upon petition by a current or former practitioner. An emergency renewal or a temporary, limited-purpose license may be issued for a period not to exceed two years, if a petitioner demonstrates, to the satisfaction of the board, good cause for failure to comply with board requirements for a regular license and provides evidence that the petitioner will comply with board requirements within the period of the emergency or temporary license. Under exceptional circumstances, an emergency license may be renewed by the board for one additional year. A previously unlicensed person is not eligible for an emergency or temporary license, except that a student who is enrolled in a licensed practitioner preparation program may be issued a temporary, limited-purpose license, without payment of a fee, as part of a practicum or internship program.
    Sec. 21.  Section 272.10, Code 2011, is amended to read as follows:
   272.10  Fees —— budget.
   1.  It is the intent of the general assembly that licensing fees established by the board of educational examiners
 
department under chapter 256, subchapter V, be sufficient to finance the activities of the board under this chapter.
   2.  Licensing fees are payable to the treasurer of state and shall be deposited with the executive director of the board. The executive director shall deposit twenty-five percent of the fees collected annually with the treasurer of state and the fees shall be credited to the general fund of the state. The remaining licensing fees collected during the fiscal year shall be retained by and are appropriated to the board for the purposes related to the board’s duties. Notwithstanding section 8.33, licensing fees retained by and appropriated to the board pursuant to this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the activities of the board as provided in this chapter until the close of the succeeding fiscal year.
   3.  The executive director
 
licensing administrator shall, in accordance with procedures established by the department, annually develop a budget and transmit to the department estimates of expenditure requirements for all functions of the board. The total amount of such budget request shall not exceed thirty-five percent of the licensing fees collected by the department under chapter 256, subchapter V, in the previous fiscal year. The licensing administrator shall keep an accurate and detailed account of fees
 
funds received, including fees paid to the treasurer of state and fees retained by the board
 
from the department.
   4.

3.  The board shall submit a detailed annual financial report by January 1 to the chairpersons and ranking members of the joint appropriations subcommittee on education and the legislative services agency.
    Sec. 22.  Section 272.11, Code 2011, is amended to read as follows:
   272.11  Expenditures and refunds.
   Expenditures and refunds made by the board under this chapter shall be certified by the executive director
 
licensing administrator of the board to the director of the department of administrative services, and if found correct, the director of the department of administrative services shall approve the expenditures and refunds and draw warrants upon the treasurer of state from the funds appropriated for that purpose.
    Sec. 23.  Section 272.15, subsections 1 and 3, Code Supplement 2011, are amended to read as follows:
   1.
  a.  The board of directors of a school district or area education agency, the superintendent of a school district or the chief administrator of an area education agency, and the authorities in charge of a nonpublic school shall report to the board the nonrenewal or termination, for reasons of alleged or actual misconduct, of a person’s contract executed under sections 279.12, 279.13, 279.15 through 279.21, 279.23, and 279.24, and the resignation of a person who holds a
 
current Iowa license, certificate, or authorization issued by the board as a result of or following an incident or allegation of misconduct that, if proven, would constitute a violation of the rules adopted by
 
the department to implement section 256.101, subsection 13, paragraph “b”, subparagraph (1), or by the board to implement section 272.2, subsection 14
 
5, paragraph “b”, subparagraph (1), when the board or reporting official has a good faith belief that the incident occurred or the allegation is true. The board may deny a license or revoke the license of an administrator if the board finds by a preponderance of the evidence that the administrator failed to report the termination or resignation of a school employee holding a license, certificate, statement of professional recognition, or coaching authorization, for reasons of alleged or actual misconduct, as defined by this section.
   b.  Information reported to the board in accordance with this section is privileged and confidential, and except as provided in section 272.13, is not subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than the respondent and the board and its employees and agents involved in licensee discipline, and is not admissible in evidence in a judicial or administrative proceeding other than the proceeding involving licensee discipline. The board shall review the information reported to determine whether a complaint should be initiated. In making that determination, the board shall consider the factors enumerated in section 272.2, subsection 14
 
5, paragraph “a”.
   c.  For purposes of this section, unless the context otherwise requires, “misconduct” means an action disqualifying an applicant for a license or causing the license of a person to be revoked or suspended in accordance with the rules adopted by
 
the department to implement section 256.101, subsection 13, paragraph “b”, subparagraph (1), or by the board to implement section 272.2, subsection 14
 
5, paragraph “b”, subparagraph (1).
   3.  If the executive director
 
licensing administrator of the board verifies through a review of official records that a teacher who holds a practitioner’s license under this chapter
 
256 is assigned instructional duties for which the teacher does not hold the appropriate license or endorsement, either by grade level or subject area, by a school district or accredited nonpublic school, the executive director
 
licensing administrator may initiate a complaint against the teacher and the administrator responsible for the inappropriate assignment of instructional duties.
    Sec. 24.  Section 272.29, Code 2011, is amended to read as follows:
   272.29  Annual administrative rules review.
   The executive director
 
licensing administrator shall annually review the administrative rules adopted pursuant to this chapter and related state laws. The executive director
 
licensing administrator shall submit the executive director’s
 
licensing administrator’s findings and recommendations in a report every three years to the board and the chairpersons and ranking members of the senate and house standing committees on education and the joint appropriations subcommittee on education by January 15.
    Sec. 25.  Section 279.43, Code 2011, is amended to read as follows:
   279.43  Reporting inappropriate teaching assignments.
   An employee licensed by the board of educational examiners and holding a contract as described in section 279.13 shall disclose any occurrence of a teaching assignment for which that employee is not properly licensed to the school official responsible for determining teaching assignments. Failure of the employee to disclose this occurrence or failure of the school official responsible for determining teaching assignments to make appropriate adjustments to the employee’s teaching assignment once the employee discloses the occurrence shall constitute an incident of misconduct as provided in section 272.2, subsection 14
 
5, and is actionable by the board. If the school official fails to make appropriate adjustments to the teaching assignment once disclosure by the employee is made, the employee shall report this occurrence to the department or to the board for further action.
    Sec. 26.  REPEAL.  Sections 272.9, 272.9A, 272.12, 272.20, 272.25, 272.27, 272.28, and 272.31, Code 2011, are repealed.
    Sec. 27.  REPEAL.  Section 272.8, Code Supplement 2011, is repealed.
    Sec. 28.  REPORT ON CHANGES IN LAW.  By December 10, 2012, the department of education and the board of educational examiners shall jointly submit a report to the general assembly recommending any transition provisions and any changes to the Code, administrative rules, or other law that may be necessary to fully implement this Act.
    Sec. 29.  EFFECTIVE DATE.  Except for the section of this Act requiring the department of education and the board of educational examiners to submit a report to the general assembly, this Act takes effect July 1, 2013.
EXPLANATION
   This bill transfers the duties of the board of educational examiners relating to licensure of teachers and administrators to the department of education. Duties relating to the discipline of teachers, including license suspension and revocation and establishment of a professional code of conduct, remain with the board. Transferred duties include the ability to grant or deny teaching and administrator licenses; to establish and collect applicable fees; to regulate standards for para-educator certificates, practitioner preparation programs, student teaching, mentoring, coaching, and school business officials; and to promulgate and review administrative rules relating to such duties. The bill provides that the department is responsible for hiring and personnel administration for the board. The bill directs the department and the board to coordinate with one another to carry out their respective duties. 
   The bill provides that 25 percent of the fees collected by the department pursuant to the transferred duties is to be deposited in the state treasury and credited to the general fund of the state. The remaining 75 percent is appropriated to the department for the purposes of carrying out the duties transferred to the department and the duties retained by the board. The department is directed to establish procedures for the board to submit an annual budget request to the department for the subsequent fiscal year. The board’s budget request is limited to 35 percent of the licensing fees collected by the department pursuant to the bill in the previous fiscal year. Under current law, the board deposits 25 percent of collected fees in the state treasury, to be credited to the general fund of the state, and retains the remaining 75 percent to finance its duties.
   The bill modifies training requirements for practitioner preparation programs by increasing the required number of hours of student field experience from 50 to 80, increasing the required number of weeks of teaching experience during a student’s final year from 12 to 14, and requiring faculty members in professional education to complete 60 hours of instructional work within a seven-year period, in place of the current requirement of 40 hours of team teaching within a five-year period.
   The bill increases the membership of the board of educational examiners from 12 to 14. The two additional members must be licensed practitioners. One must be selected from a teacher preparation program. The other must be selected from an administrator preparation program.
   The bill directs the department and the board to jointly submit a report to the general assembly by December 10, 2012, recommending any transition provisions or changes to the Code or other law that may be necessary to fully implement the bill.
   Except for the provision requiring a report to the general assembly, the bill takes effect July 1, 2013.