House File 2146 - Introduced HOUSE FILE 2146 BY THOMPSON A BILL FOR An Act relating to the composition of the board of educational 1 examiners by including certain specified ex officio, 2 nonvoting members. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6068YH (3) 89 jda/jh
H.F. 2146 Section 1. Section 272.3, Code 2022, is amended to read as 1 follows: 2 272.3 Membership. 3 1. The board of educational examiners consists of twelve 4 voting members and two ex officio, nonvoting members . Two 5 voting members must be members of the general public, one 6 voting member must be the director of the department of 7 education or the director’s designee, and the remaining nine 8 voting members must be licensed practitioners. One of the 9 public members shall have served on a school board. The public 10 members shall never have held a practitioner’s license, but 11 shall have a demonstrated interest in education. The nine 12 practitioners shall be selected from the following areas and 13 specialties of the teaching profession: 14 a. Elementary teachers. 15 b. Secondary teachers. 16 c. Special education or other similar teachers. 17 d. Counselors or other special purpose practitioners. 18 e. Administrators. 19 f. School service personnel. 20 2. A majority of the licensed practitioner members shall 21 be nonadministrative practitioners. Four of the licensed 22 practitioner members shall be administrators. Membership of 23 the board with respect to voting members shall comply with the 24 requirements of sections 69.16 and 69.16A . A quorum of the 25 board shall consist of six voting members. Members The voting 26 members shall elect a chairperson of the board. Members, 27 except for the director of the department of education or the 28 director’s designee , and the ex officio, nonvoting members 29 appointed pursuant to subsection 3, shall be appointed by the 30 governor subject to confirmation by the senate. 31 3. a. The president of the senate shall appoint one member 32 of the senate standing committee on education to be an ex 33 officio, nonvoting member of the board. 34 b. The speaker of the house of representatives shall appoint 35 -1- LSB 6068YH (3) 89 jda/jh 1/ 3
H.F. 2146 one member of the house standing committee on education to be 1 an ex officio, nonvoting member of the board. 2 Sec. 2. Section 272.4, Code 2022, is amended to read as 3 follows: 4 272.4 Terms of office. 5 1. Members, except for the director of the department 6 of education or the director’s designee , and the ex officio, 7 nonvoting members appointed pursuant to section 272.3, 8 subsection 3, shall be appointed to serve staggered terms of 9 four years. A voting member shall not serve more than two 10 consecutive terms, except for the director of the department 11 of education or the director’s designee, who shall serve until 12 the director’s term of office expires. A member of the board, 13 except for the two public members , and the director of the 14 department of education or the director’s designee, and the ex 15 officio, nonvoting members appointed pursuant to section 272.3, 16 subsection 3, shall hold a valid practitioner’s license during 17 the member’s term of office. A vacancy exists when any of the 18 following occur: 19 a. A nonpublic voting member’s license expires, is 20 suspended, or is revoked. 21 b. A nonpublic voting member retires or terminates 22 employment as a practitioner. 23 c. A member dies, resigns, is removed from office, or is 24 otherwise physically unable to perform the duties of office. 25 d. A member’s term of office expires. 26 2. Terms of office for regular appointments of voting 27 members shall begin and end as provided in section 69.19 . 28 Terms of office for voting members appointed to fill vacancies 29 shall begin on the date of appointment and end as provided in 30 section 69.19 . Members Voting members may be removed for cause 31 by a state court with competent jurisdiction after notice and 32 opportunity for hearing. The board may remove a voting member 33 for three consecutive absences or for cause. 34 3. Ex officio, nonvoting members appointed pursuant to 35 -2- LSB 6068YH (3) 89 jda/jh 2/ 3
H.F. 2146 section 272.3, subsection 3, shall be appointed to a term of 1 one year. The president of the senate or the speaker of the 2 house of representatives, as applicable, shall fill the vacancy 3 of an ex officio, nonvoting member in the same manner as the 4 original appointment. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the composition of the board of 9 educational examiners (BOEE) by including certain specified ex 10 officio, nonvoting members. 11 Current law provides that the BOEE consists of 12 members. 12 The bill adds two ex officio, nonvoting members to the BOEE. 13 The bill requires the president of the senate to appoint one 14 of the ex officio, nonvoting members from the senate standing 15 committee on education. The bill also requires the speaker 16 of the house of representatives to appoint the other ex 17 officio, nonvoting member from the house standing committee on 18 education. The bill provides that the ex officio, nonvoting 19 members serve a one-year term and authorizes the president of 20 the senate or the speaker of the house of representatives, as 21 applicable, to fill the vacancy of an ex officio, nonvoting 22 member in the same manner as the original appointment. 23 The bill makes conforming changes to Code section 272.3 24 (membership of the BOEE) and Code section 272.4 (terms of 25 office of members of the BOEE). 26 -3- LSB 6068YH (3) 89 jda/jh 3/ 3