Bulletin 12-16-2020

Front matter not included
ARC 5316CEnvironmental Protection Commission[567]Notice of Intended Action

Proposing rule making related to underground storage tanks and providing an opportunity for public comment

    The Environmental Protection Commission (Commission) hereby proposes to amend Chapter 134, “Underground Storage Tank Licensing and Certification Programs,” Chapter 135, “Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks,” and Chapter 136, “Financial Responsibility for Underground Storage Tanks,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 455B.474.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 455B.474 and 455B.474A.Purpose and Summary    The proposed rule making is necessary to conform Chapters 134, 135, and 136 to recently enacted federal rules promulgated by the U.S. Environmental Protection Agency (EPA). The Commission must adopt rules consistent with EPA’s rules in order for the Department of Natural Resources (Department) to maintain its delegated state program.    Specifically, the purpose of the proposed amendments is to adopt the 2015 federal Underground Storage Tank (UST) rule revisions contained in 40 Code of Federal Regulations Parts 280 and 281. The proposed amendments also update and remove outdated provisions, clean up language, and revise leaking underground storage tank (LUST) rules to be consistent with current risk evaluation processes.    The federal UST rule revisions improve upon the 1988 federal UST regulations by increasing emphasis on properly operating and maintaining UST equipment. The revisions will help prevent and detect UST petroleum releases, which are a leading source of groundwater contamination, often resulting in expensive cleanups. The primary provisions of the federal rule that have been incorporated into the proposed amendments include:

  • Regulation of certain tanks that were deferred by the 1988 regulations (i.e., emergency power generator tanks, airport hydrant fuel distribution systems, and field-constructed tanks);
  • Disallowing flow restrictors in vent lines for new installations or when replacing equipment;
  • Requiring the closure of internally lined tanks that fail a lining inspection and cannot be repaired;
  • Requiring a demonstration that equipment is compatible with the fuel stored (addressing biofuel compatibility);
  • Monthly and annual facility walkthrough inspections;
  • Annual release detection equipment testing;
  • Spill prevention equipment testing every three years;
  • Overfill prevention equipment inspection every three years; and
  • Containment sump testing every three years of sumps used for piping interstitial monitoring.
  •     Other revisions are proposed as part of the Department’s five-year rules review process. At the request of multiple stakeholders, several amendments are proposed to Chapter 134. New federal testing requirements have been added, and it has been clarified which licensees must perform the federal tests and by when they must be performed. Compliance inspector certification criteria were expanded to allow more persons to qualify. Licensure training time frames were relaxed to add more flexibility to the process. This change in particular will alleviate some industry concerns about inconsistent licensure class schedules impacting business.    Additionally, stakeholder-supported amendments are proposed to the license fees in Chapter 134. The fee for compliance inspector certification is being lowered, although this may not be obvious at first. Under the current rules, a compliance inspector has to also be a licensed installer, so two license fees were always owed for an initial certification: $150 for compliance inspector and $200 for installer, for a total of $350. That requirement is being removed. Under the proposed amendments, a compliance inspector will be a stand-alone license class, subject to a single initial $200 fee. Therefore, this amendment will produce $150 in savings for many UST professionals. The biennial renewal fee is being changed as well. Under the current rules, a compliance inspector has to renew biennially both the inspector certification ($50) and the installer license ($200) for a total renewal fee of $250. The new biennial renewal will be a single fee of $200. This amendment will produce another $50 in on-going savings. Similarly, the UST compliance company initial and biennial license fee is being raised from $50 to $200.  This amendment will make this fee consistent with the $200 fee assessed for all other Chapter 134 license classes (installers, installation inspectors, liners, testers, removers, and groundwater professionals).    Other five-year rules review process amendments include removing outdated or unused regulations and references.  And, finally, some provisions have been updated to reflect what the Department has learned over the last 20 years of the risk-based corrective action (RBCA) evaluation process, remediation methods, tank temporary closure requirements, and tank system corrosion protection.Fiscal Impact    This rule making has no meaningful fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department upon request. The Department anticipates a minimal reduction, perhaps $2,400, in license revenue due to the changes to the licensing fees in Chapter 134.    There will be a fiscal impact to industry but it cannot be uniformly determined. EPA estimates an average annual compliance cost of $715 per facility. However, the Department and stakeholders jointly estimate an annual cost per facility between $1,147 and $4,053 depending on a facility’s size, equipment, location, and frequency of inspections. The proposed amendments to license certification, qualifications, and fees in Chapter 134 will provide a $150 one-time and $50 on-going cost savings to some licensed UST professionals. Additional amendments may provide a cost savings to UST owners and operators who hire licensed UST professionals. For instance, amendments that allow service technicians to complete certain containment equipment testing, rather than requiring that a licensed UST professional complete the testing, may reduce associated costs. More information of these estimates is included in the Department’s fiscal impact statement.    The Department believes that costs to comply with the new regulations may decline with time. For example, the first cycle of testing will identify faulty equipment at some facilities which will require repair or replacement. The fixed or newer equipment is expected to be durable and operable through subsequent testing cycles. Additionally, with time it is expected that new testing technologies will be developed that are more efficient and economical.Jobs Impact    Both minor positive and minor negative impacts on private sector jobs and employment opportunities in the state are anticipated as a result of the proposed rule. Additionally, if the proposed rule making is not adopted, facilities will be required to comply with federal standards and separate state standards. Therefore, the effect on jobs could be considered neutral. A copy of the jobs impact statement is available from the Department upon request.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 8, 2021. Comments should be directed to: James Gastineau Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Fax: 515.725.8202 Email: james.gastineau@dnr.iowa.govPublic Hearing    Public hearings at which persons may present their views orally or in writing will be held via conference call as follows. Persons who wish to attend the conference call should contact James Gastineau via email. A conference call number will be provided prior to the hearing. Persons who wish to make oral comments at the conference call public hearing must submit a request to James Gastineau prior to the hearing to facilitate an orderly hearing. January 6, 2021 1 to 2 p.m. Via video/conference call Dial: (US) +1 617.675.4444 PIN: 223 266 766 9724# January 7, 2021 1 to 2 p.m. Via video/conference call Dial: (US) +1 617.675.4444 PIN: 223 266 766 9724# January 8, 2021 1 to 2 p.m. Via video/conference call Dial: (US) +1 617.675.4444 PIN: 223 266 766 9724#    Persons who wish to make oral comments at a public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend rule 567—134.1(455G), parenthetical implementation statute, as follows:

    567—134.1(455G455B) Definition.  

        ITEM 2.    Amend rule 567—134.2(455G) as follows:

    567—134.2(455G455B) Certification requirements.      134.2(1)   A groundwater professional must be certified as provided in 134.3(455G)rule 567—134.3(455B) before engaging in activities described in 134.1(455G)rule 567—134.1(455B), except that a person engaging in activities described in 134.1(455G)rule 567—134.1(455B) need not be certified if that person is under direct supervision of a certified groundwater professional when engaging in such activities.    134.2(2)   In order to be certified as a groundwater professional, a person must be one or more of the following:    a.    A person certified by the American Institute of Hydrology as a Professional Hydrologist, Professional Hydrogeologist, or Professional Hydrologist (Groundwater).    b.    A person certified by the National Water Well Association or Association of Groundwater Scientists and Engineers as a Groundwater Professional.    c.    A person certified by the American Board of Industrial Hygiene as an Industrial Hygienist.    d.    A professional engineer registered in Iowa.    e.    A professional geologist certified by a national organization (e.g., American Institute of Professional Geologists, American Association of Petroleum Geologists, Society of Independent Earth Scientists).    f.    Any person with five years of direct or related experience and training as a groundwater professional or in the field of earth sciences. This must include a minimum of at least two years of education and training, and two years of experience as a groundwater professional.    g.    Any person with a license, certification, or registration to practice hydrogeology or groundwater hydrology issued by any state in the United States or by a national organization, provided that the license, certification, or registration process requires, at a minimum, both of the following:    (1)   Possession of a bachelor’s degree from an accredited college.    (2)   Five years of related professional experience.    134.2(3)   In order to be certified as a groundwater professional, the applicant must complete the two-day risk-based correction action (RBCA) courseor department-approved course and pass a certification examination offered or authorized by the department.    a.    An applicant who fails an initial examination may take a second examination.    b.    Failure of the second examination will result in termination of the application. A person may reapply for groundwater professional certification. The applicant must complete a regularly scheduled course of instruction before retaking the certification examination.    c.    Professional engineers who qualify for an exemption from taking the certification examination under subrule 134.3(6) must attend the RBCA initial course of instructionor department-approved course in order to be certified.

        ITEM 3.    Amend rule 567—134.3(455G), parenthetical implementation statute, as follows:

    567—134.3(455G455B) Certification procedure.  

        ITEM 4.    Amend subrule 134.3(1) as follows:    134.3(1) Application.  Application for certification shall be made by completing a form provided by the department and submitting evidence of meeting the requirements found in rule 567—134.2(455G455B) (i.e., copy of certificate, license, description of experience and training).

        ITEM 5.    Amend subrule 134.3(6) as follows:    134.3(6) Exemption from examination.  The department may provide for an exemption from the certification examination requirements for a professional engineer registered pursuant to Iowa Code chapter 542B upon submission of sufficient proof of exemption to the Iowa comprehensive petroleum underground storage tank fund board as provided in Iowa Code section 455G.18(8)department. The person must be qualified in the field of geotechnical, hydrological, environmental, groundwater, or hydrogeological engineering. A groundwater professional exempted under this provision must meet the continuing education requirements of subrule 134.3(5).

        ITEM 6.    Amend rule 567—134.4(455G), parenthetical implementation statute, as follows:

    567—134.4(455G455B) Suspension, revocation and denial of certification.  

        ITEM 7.    Amend subrule 134.4(1), introductory paragraph, as follows:    134.4(1) General policy.  It is the policy of the department to enforce standards of professional and ethical conduct which are generally accepted within the professions which qualify persons for certification in Iowa as groundwater professionals. The department intends to rely on written standards of professional and ethical conduct and competency which are applicable to persons who qualify for certification by virtue of certification by or membership in a professional organization or state licensure as provided in Iowa Code section 455G.18(2).

        ITEM 8.    Amend paragraph 134.4(2)"d" as follows:    d.    Insufficient proof of qualifications required under rule 134.2(455G)567—134.2(455B).

        ITEM 9.    Amend paragraph 134.4(2)"g" as follows:    g.    Default on an obligation owed to or collected by the state as provided in Iowa Code section 421.17(34)“e.”421.17(27)“e.”

        ITEM 10.    Amend paragraph 134.4(3)"f" as follows:    f.    Material misstatement of facts or misrepresentation of information required to be provided pursuant to Iowa Code chapters 455G andchapter 455B, division IV, part 8.

        ITEM 11.    Amend rule 567—134.5(455G) as follows:

    567—134.5(455G455B) Penalty.  A groundwater professional who fails to obtain certification with the department of natural resources as required in this chapter is subject to a civil penalty of $50. A groundwater professional who knowingly or intentionally makes a false statement or misrepresentation which results in a mistaken classification of a site shall be guilty of a serious misdemeanor and shall have the groundwater professional certification revoked.

        ITEM 12.    Amend 567—Chapter 134, Part A, implementation sentence, as follows:       These rules are intended to implement Iowa Code section 455G.18455B.474(9).

        ITEM 13.    Amend rule 567—134.7(455B) as follows:

    567—134.7(455B) Certification requirements for UST compliance inspectors.      134.7(1)   A person retained by an owner or operator of a UST facility for the purpose of establishing compliance with the annuala UST compliance inspection required by the department underrule 567—135.20(455B) must hold a current UST compliance inspector certification issued by the department.     134.7(2)   Inspector certification will be issued by the department only to a person who:    1a.    Is an Iowa-licensed UST installer or installation inspector under 591—Chapter 15, except that the requirement as set forth under 591—subrule 15.3(4) shall not be applicable to a certified UST compliance inspector.Satisfies one of the following:    (1)   Is an Iowa-licensed UST installer;    (2)   Is an Iowa-licensed installation inspector;    (3)   Has participated on a minimum of 50 on-site compliance inspections with an Iowa-certified compliance inspector;    (4)   Has two years of experience working with petroleum equipment, including installations, maintenance, or testing; or    (5)   Has other relevant experience approved by the department.    1b.    Attends the required training approved by the department as provided inrule 567—134.10(455B).    (1)   Temporary exception to required training. An applicant may be issued a license without the required training if all other requirements of Part B of this chapter are satisfied and the required training is not offered within 60 days of the date of application. The applicant must attend required training within one year or, if training is not offered within one year, when required training is next offered. If an applicant receives a license under this temporary exception, the individual must attend required training, if offered, before renewal of the license.    (2)   If an applicant receives a license under a temporary training exception pursuant to paragraph 134.7(2)“a,” all compliance inspection activities must be conducted under the supervision of a trained Iowa-certified compliance inspector. Supervision does not require the trained Iowa-certified compliance inspector to be on site for compliance inspections conducted by the inspector who has not completed the required training. The trained Iowa-certified compliance inspector must co-sign compliance inspections conducted by the inspector who has not completed the required training.    1c.    Achieves a passing grade of 85 percent on a certification examination administered or approved by the department as provided inrule 567—134.10(455B).    1d.    Submits an accurate and complete application.    1e.    Is not found to be in violation of this chapter and has not had a certification revoked by the department pursuant torule 567—134.16(455B)or by the underground storage tank fund board pursuant to 591—Chapter 15.

        ITEM 14.    Rescind and reserve rule 567—134.8(455B).

        ITEM 15.    Amend subrule 134.9(3) as follows:    134.9(3)   Training and certification fees. An initial nonrefundable application fee of $150$200 in the form of a check or money order payable to the Department of Natural Resources must accompany the initial application for certification and $50$200 for each renewal application. The $150$200 application fee covers the cost of the certification examination. The department will assess an additional fee for each training course based upon the cost of administration.

        ITEM 16.    Amend subrule 134.10(1) as follows:    134.10(1)   Prior to taking the compliance inspector examination, the applicant must:    a.    Complete the U.S. EPA UST Web-based training modules: “Introduction to the Underground Storage Tanks (UST) Program” and “Basic UST Inspector Training” with a minimum passing grade of 85 percent.b.    Attendattend the department’s inspector training course or designated approved course.

        ITEM 17.    Amend subrule 134.11(1) as follows:    134.11(1) Renewal period.  Certification shall be for a two-year period and must be renewed by January 1 of each odd-numbered year, beginning January 1, 2009. Applications for renewal must be submitted on a form provided by the department and no later than 6030 days prior to the expiration date. If a certified inspector fails to renew the certification by the expiration date, the department may grant, upon a showing of good cause, a 30-day grace period during which the applicant may submit the application and payment of the renewal fee as provided insubrule 134.9(3).

        ITEM 18.    Amend subrule 134.11(3) as follows:    134.11(3) Minimum inspections.  In order to renew certification, an inspector must have conducted at least 2512 compliance inspections each yearin the past two years.

        ITEM 19.    Amend rule 567—134.13(455B) as follows:

    567—134.13(455B) Licensed company.  A company employing certified UST compliance inspectors shall be registered with the department as a licensed UST compliance company. A company shall lose its license if it fails to employ at least one certified inspector or if it employs uncertified individuals to do compliance inspections required by the department. The annualinitial and biennial renewal license fee is $50$200.

        ITEM 20.    Amend rule 567—134.14(455B), catchwords, as follows:

    567—134.14(455B) Compliance inspectionResponsibilities of compliance inspectors.  

        ITEM 21.    Amend subrule 134.14(3) as follows:    134.14(3)   Any evidence of violations or deficiencies observed during the inspection must be photographed using a digital camera with at least a 1-2 megapixel resolution. The digital photographs must be submitted as part of the electronic inspection report and maintained by the inspector for five years as part of the inspector’s records.

        ITEM 22.    Amend subrule 134.14(5) as follows:    134.14(5)   Inspection technical requirements. An inspector of a UST system must check for compliance with the technical standards of 567—Chapter 135 following the department’s guidance. The inspection of a UST system currently in operation shall include, but not be limited to, the following:    a.    The material currently stored in the UST.    b.    The type of tank and lines currently at the site as compared to the registered information on the department’s database.    c.    Checking site records demonstrating operational compliance, 567—subrule 135.4(5).    d.    Checking release detection records, 567—subrule 135.5(6).    e.    Visually checking for releases or other violations by opening covers of dispensers, manways, and containment sumps for submersible pumps and other piping connections for:    (1)   Indications of a product release and leaking equipment.    (2)   Deteriorating product lines or excessive bends in product lines or flex connectors.    (3)   Proper anchoring of breakaways (dispensers only).    f.    Current operating status of cathodic protection system, if present.    g.    Presence and operational condition of spill and overfill equipment, 567—paragraph 135.3(1)“c.”Any problems observed during the inspection must be photographed using a digital camera with at least a 1-2 megapixel resolution.

        ITEM 23.    Amend paragraph 134.16(1)"e" as follows:    e.    The revocation of a certification as an installer or installation inspector under 591—Chapter 15rule 567—134.24(455B) or 567—134.27(455B).

        ITEM 24.    Amend rule 567—134.17(455B), definitions of “Modification,” “Removal,” “Underground storage tank professional” and “Underground storage tank system,” as follows:        "Modification" means to change a UST system currently in use by the installation of new UST system components. “Modification” includes, but is not limited to, the addition of corrosion protection to a previously lined tank, installation of new underground piping or replacement of existing underground piping, changing the primary release detection method to one of the methods listed in OAR 340-150-0450 through 340-150-0470, or adding secondary containment. “Modification” does not include those activities defined in this rule as “repair” or “replacement.”        "Removal" means the process of removing and disposing of an underground storage tank system no longer in service or the process of abandoning an underground storage tank system in place, in accordance with rule 567—135.9(455B)567—135.15(455B).        "Underground storage tank professional" "UST professional" means an individual licensedby the department under Part C of this chapter.The licensing program includes underground storage tank system installation, installation inspection, UST system testing, tank lining, cathodic protection installation/inspection, and UST removal. The license issued will list the type of work the individual is licensed to perform.        "Underground storage tank system" "UST system" meansa tank or tanks and associated piping intended to contain and dispense petroleum productsregulated substances and for which proof of financial responsibility is, or on a date definite will be required to be maintained pursuant to the Federal Resource Conservation and Recovery Act, 40 CFR 280, and the regulations in effect on December 31, 1994, adopted pursuant to that Act or successor Acts or amendmentsrequired.

        ITEM 25.    Amend rule 567—134.18(455B) as follows:

    567—134.18(455B) Applicability of Part C.  All persons and companies that are currently licensed under the former board rules in rescinded 591—Chapter 15 shall be subject to Part C of this chapter. All persons conducting underground storage tank installations and installation inspections as provided in 567—subparagraph 135.3(1)“e”(2) and installers, installation inspectors, liners, testers, and removers shall be licensed by the department in accordance with Part C of this chapter. Service technicians as defined in rule 567—134.17(455B) are exempt from licensure under Part C of this chapter.

        ITEM 26.    Amend rule 567—134.19(455B) as follows:

    567—134.19(455B) General licensing requirements.  Applications for licenses shall be submitted on a form provided by the department along with all required supporting documentation. Existing licenses as of [insert the effective date of these amendments] and new licenses shall expire December 31, 2010. Subsequently, licensesLicenses shall be issued and renewed on a two-year calendar basis, beginning January 1, 2011on the odd-numbered years. All applicants must be at least 18 years of age. The applicant shall not have been issued a certificate of noncompliance from the child support recovery unit.    134.19(1) Licensing classifications.  A separate license will be issued for:    a.    UST installers and installation inspectors;    b.    UST removers;    c.    UST testers;    d.    Cathodic protection testers; and    e.    UST liners.; and    f.    Installation inspectors.    134.19(2) Individual and company licenses.  A company employing licensed individuals for installation, upgrading, removal, lining or testing of underground storage tank systems shall be registered as a licensed company. A company shall have its license revoked if it fails to employ at least one licensed individual or if it employs unlicensed individuals to do work requiring a license. Individuals who are not companies as defined in rule 567—134.17(455B) are required to have an individual license only.    134.19(3) License fees.  A $200 fee shall be submitted with a company license application and with an individual license application. Companies and individuals are licensed separately as set forth in subrule 134.19(2). Individuals may apply for multiple individual licenses at once, paying only one $200 processing fee. All fees are nonrefundable.    134.19(4) License issuance.  Upon receipt, review, and acceptance of the application and application fee, the department shall furnish the applicant with a license showing the name of the individual/company and the expiration date. In order to remain valid, the license shall be renewed prior to the expiration date specified on the license.    134.19(5) Environmental liability insurance.  All license holders, including licensed companies, are required to have environmental liability insurance with minimum liability of $1 million per occurrence, as well as in the aggregate. Current license holders shall have 45 days from August 19, 2009, to upgrade their environmental liability insurance.    a.    Licensed company.A licensed company is required to provide environmental liability insurance for all licensed activities of the company and its licensed UST professionals.    b.    Licensed individuals.Each licensed installer, installation inspector, remover, liner, cathodic protection tester, and tester is required to provide proof of environmental liability insurance covering licensed activities. The insurance may be provided by the licensed company employing the licensed individual or by the individual licensee.    c.    Insurance exception.UST professionals employed by owners or operators of underground storage tank systems to work only on the owner's or operator’s private system(s) are exempt from insurance requirements.    d.    Forms of acceptable insurance.All parties covered by the licensing provisions of Part C of this chapter shall provide evidence of environmental liability insurance to the department upon request.    (1)   Environmental liability insurance may be provided by a private insurer authorized to do business in Iowa.    (2)   Evidence of environmental liability insurance may be provided using methods of self-insurance as outlined in 567—Chapter 136.    134.19(6) Examinations and course of instruction.  Prior to the issuance of a license as an installer, installation inspector, remover, liner, tester, or cathodic protection tester, the applicant shall successfully complete a department or department-approved course of instruction and pass a qualification examination approved by the department.    a.    Examination requirements for all license holders.    (1)   A passing grade of not less than 85 percent is required on the Iowa examination.    (2)   Candidates who have failed the examination may not perform work unless supervised by an appropriately licensed individual.    (3)   A fee reflecting the actual costs of developing and administering each course of instruction and examination shall be charged.    (4)   Nothing in Part C of this chapter shall limit the right of the department to require additional educational requirements of license holders.    b.    Exceptions to completion of the course of instruction or examination.All license holders, except cathodic protection testers, are required to complete the course of instruction. Cathodic protection testers are only required to maintain NACE certification, STI cathodic protection certification or equivalent certification approved by the department. Testers may qualify for reciprocity under paragraph 134.19(6)“c” if the department approves the public or private certification or training program completed. For testers, the department will approve or deny the certification based upon a review of the course of instruction, applicable manuals and handouts, and the examination.    c.    Reciprocity.Persons who are certified under another state or federal regulatory program which has been approved by the department may be eligible for licensure in Iowa without having to take a course of instruction or pass the examination. However, these individuals shall still pay the $200 application fee and qualify for license renewal by fulfilling continuing education requirements.    d.    Repeat examination attempts.An applicant who fails an initial examination may take a second examination within one calendar year without having to retake the course of instruction. Failure of the second examination will result in termination of the application. A person may reapply for licensure. The applicant shall complete a course of instruction before retaking the examination.    134.19(7) Continuing education.  Each person licensed under Part C of this chapter shall complete a department-approved refresher course every two years, except for licensed cathodic protection testers. Cathodic protection testers shall maintain NACE or STI certification or another certification approved by the department. Beginning with the first application for license renewal, each UST professional shall provide evidence to the department, prior to submission of the application for renewal, that at least 12eight credit hours of department-approved continuing education have been satisfactorily completed since the last license was issued or renewed. The department may limit the number of credits granted for similar courses during a renewal period. The requirement for continuing education may be met only by those continuing education offerings which have been approved by the department.    a.    Form of approval.Approval may take the form of:    (1)   Program approval granted by the department to the sponsor or instructor of a continuing education offering;    (2)   Individual requests for credit granted by the department to an installer or inspector for a continuing education offering whose sponsor or instructor did not seek program approval; or    (3)   Blanket approval granted by the department to continuing education offerings sponsored by the department or other professional organizations whose standards have been approved by the department.    b.    Procedures for department approval of continuing education offerings.    (1)   Application for program approval shall be made by the sponsor or instructor to the department and include an agenda or an outline of the content of the proposed continuing education offering.    (2)   Application shall be made at least 45 days prior to the desired effective date of approval.    (3)   The application shall be reviewed by the department, and notice of approval or denial of program approval shall be sent to the sponsor or instructor. Credit hours may be limited by the department based on program content.    c.    Proof of participation.A certificate of satisfactory completion of a department-approved continuing education offering issued by the sponsor or instructor constitutes sufficient evidence of satisfactory completion for purposes of meeting the continuing education requirement.

        ITEM 27.    Amend subrule 134.20(1) as follows:    134.20(1)   Renewal applications shall be made on a form provided by the department and received by the department or postmarked no later than NovemberDecember 1 of the expiration year of the license at issue. The renewal application shall be accompanied by the $200 renewal fee as specified in subrule 134.19(3) and proof of environmental liability insurance as required under subrule 134.19(5). Applications received after the NovemberDecember 1 deadline, but before the January 1 expiration date, will be accepted and will require an additional $50 late fee.

        ITEM 28.    Amend subrule 134.24(3) as follows:    134.24(3) Responsibilities of installers.  A licensed installer shall be on site during the performance of all work, including subcontracted work, for which the owner/operator has contracted to have completed by the installer. The licensed installer is responsible for all UST-related work at the site and must ensure that the performance of the work and the finished work conform to industry standards and codes and manufacturers’ requirements.     a.    Notification.The licensed installer is responsible for ensuring that all local installation permits and notice requirements are satisfied. Tank    b.    Work performed.UST system installation includes all work associated with the placement of the tanks, pipespiping, pumps, dispensers, gauging systems, monitoring systems, corrosion protection, containmentsumps, spill and overfill devices, and ancillary systems which, if installed incorrectly, could cause or delay detection of a leak. Tank installationInstallation specifically includes excavation, equipment placement, backfilling, piping, electrical work, testing calibration, and start-up. Tank installation also includes installation of the appropriate equipment to meet National Emissions Standards for Hazardous Air Pollutants (NESHAP) requirements (40 CFR § 63.6580, Subpart ZZZZ), including submerged fill and vapor balance systems (Stage 1 vapor recovery) and the testing of those systems.    c.    Testing of UST equipment.Spill prevention equipment, containment sumps and UDC at new installations must be tested to ensure the equipment is liquid-tight before the UST system is placed into service. Acceptable test methods include vacuum, pressure or liquid testing used in accordance with requirements developed by the manufacturer, a code of practice such as PEI RP1200 or methods determined by the department to be no less protective of human health and the environment than the requirements listed in this subrule. Licensed installers may also perform periodic testing of spill and overfill devices, containment sumps and UDC as required by 567—Chapter 135.    d.    Proof of training.Installers shall have on their person at all times while on a UST job site a 40-hour general site worker program identification card or any valid refresher card that complies with OSHA standards.

        ITEM 29.    Amend subrule 134.24(4) as follows:    134.24(4) Documentation of work performed.  Installing a new UST system or upgrading a UST system requires an installer to submit a copy of DNR Form 148the department forms and testing documents applicable to the installation, signed by the owner, to the departmentno later than 30 days after the final third-party inspection or 30 days after completion if no inspection is required. Each licensed installer responsible for the new system installation or the upgrading of an existing system shall sign DNR Form 148 as required by 567—paragraph 135.3(3)“e.”Secondary containment testing performed at installation or to meet periodic testing requirements shall be recorded on the department’s Secondary Containment Testing form. Test results shall be dated and signed by the licensed installer who performed the test.

        ITEM 30.    Amend rule 567—134.25(455B), introductory paragraph, as follows:

    567—134.25(455B) Testers.  A tester of underground storage tank systems shall apply for licensing as a tester and note on the license application the systems and method(s) of testing the tester will use, except that a person engaging in testing described in paragraph 134.25(2)“b” need not be licensed if that person is under the supervision of an individual licensed under Chapter 134, Part B or Part C, when conducting those tests. In addition to the licensing requirements listed under rule 567—134.19(455B), a tester shall provide documentation of at least two years of relevant experience, documentation of manufacturer certification for past testing, and proof of current certification for future work.

        ITEM 31.    Amend subrule 134.25(2) as follows:    134.25(2) Documentation of work performedResponsibilities of testers.  A copy of the test results shall be attached to DNR Form 148 when testing is done in connection with a new installation or the upgrading of an existing underground storage tank system.The licensed tester is responsible for testing tanks, lines, leak detection systems, or monitoring systems as required by 567—Chapter 135 and this chapter. An owner, operator or an employee of an owner or operator performing leak detection or cathodic protection monitoring, as required by 567—Chapter 135, is not a tester. A tester license does not qualify an individual to perform replacements or repairs to a UST system.     a.    A precision test is required when the system is covered and is ready to be placed into service; a volumetric, nonvolumetric, or vacuum test may be used as a method for testing the system and a hydrostatic pressure test may be used for testing the lines. Systems used for leak detection or monitoring (such as statistical inventory reconciliation, vapor or water monitoring wells, or tracer-type tests) shall not be acceptable as a precision test at the completion of the installation of a new system or the upgrading of an existing system. Automatic in-tank gauging may be acceptable if third-party U.S. EPA approval as a precision test has been received for testing tanks.    a.    The test results shall identify the tanks tested, the test method employed, and the results of the test. Test results shall be dated and signed by the licensed tester who performed the tests.    b.    The original DNR Form 148 without attachments shall be mailed to the department.    b.    A licensed tester may also perform periodic testing of spill and overfill devices, containment sumps and UDC as required by 567—Chapter 135. Spill prevention equipment, containment sumps and UDC at new installations must be tested to ensure the equipment is liquid-tight before the UST system is placed into service. Acceptable methods include vacuum, pressure or liquid testing used in accordance with requirements developed by the manufacturer, a code of practice such as PEI RP1200 or methods determined by the department to be no less protective of human health and the environment than the requirements listed in this subrule.    c.    Periodic testing of spill prevention equipment, containment sumps, and UDC as required by 567—subrule 135.4(12) conducted prior to October 13, 2021, may be conducted by a service technician. An individual licensed under Chapter 134, Part B or Part C, is not required to conduct periodic testing of spill, containment sumps, and UDC as required by 567—subrule 135.4(12) prior to October 13, 2021.

        ITEM 32.    Renumber subrule 134.25(3) as 134.25(4).

        ITEM 33.    Adopt the following new subrule 134.25(3):    134.25(3) Documentation of work performed.  A copy of the test results shall be attached to DNR Form 148 when testing is done in connection with a new installation or the upgrading of an existing underground storage tank system. The test results shall identify the tanks and piping tested, the test method employed, and the results of the test. Periodic testing shall be recorded on the department’s Secondary Containment Testing form. Test results shall be dated and signed by the licensed tester who performed the tests.

        ITEM 34.    Amend rule 567—134.27(455B), introductory paragraph, as follows:

    567—134.27(455B) Installation inspectors.  In addition to the licensing requirements listed under rule 567—134.19(455B), an installation inspector shall provide documentation of at least one yeartwo years of experience with underground storage installations, testing, inspecting, or design; documentation of manufacturer certification for past work; and proof of current certification for future work. An engineer who intends to apply for licensure as an installation inspector and who has met the requirements in Iowa to be a registered professional engineer (P.E.) may be exempt from the educational requirement so long as UST installation is in the scope of the engineer's P.E. license and regular practice as provided for in rule 567—134.19(455B). Engineers, however, are not exempt from fulfilling the examination requirement.

        ITEM 35.    Amend paragraph 134.27(2)"c" as follows:    c.    For new installations, the first inspection shall occur before the UST system is installed. The second inspection shall occur before the covering of the system, when all tanks and pipes are exposed. The inspector shall witness testing of the primary and secondary piping and testing of the secondary containment, including sumps, under-dispenser containment (UDC), and secondary containment leak detection equipment. The final inspection shall occur when all components are operational and the system has been covered, but before actual operation. The installation inspector shall be present on site, shall visually observe all inspections, and shall be able to attest to the results. A video or other recording device showing the work completed by the installer shall not be used nor shall it be an acceptable method of providing independent inspection of the work completed.

        ITEM 36.    Amend subrule 134.27(3) as follows:    134.27(3) InspectionInspections required.  WhenInspections are required when concrete is cut or excavation is required that could affect the integrity or operation of the UST system or when a component that routinely contains product is installed, replaced or repaired, one inspection is required. This inspectionInspections shall occur when the component is uncovered and replaced or repairedand during testing when required (i.e., piping replacement or repair) but before operation recommences. Whenever secondary containment, such as UDC or sump, is installed, at least one inspection is required after the equipment is installed and before the sytem is backfilled.    a.    An inspection shall occur before the tanks or piping are installed.    b.    An inspection shall occur before the covering of tank or piping, when all tanks and piping are exposed. The inspector shall witness testing of the primary and secondary piping and testing of the secondary containment, including sumps, under-dispenser containment (UDC), and secondary containment leak detection equipment.    c.    A final inspection shall occur when all components are operational and the system has been covered, but before actual operation.    d.    Whenever secondary containment (such as sumps or UDC) is installed, at least one inspection is required after the equipment is installed and before the system is backfilled.

        ITEM 37.    Rescind paragraph 135.1(3)"a" and adopt the following new paragraph in lieu thereof:    a.    The requirements of this chapter apply to all owners and operators of a UST system as defined in rule 567—135.2(455B) except as otherwise provided in paragraphs 135.1(3)“b” and “c.”    (1)   Previously deferred UST systems. Airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and UST systems that store fuel solely for use by emergency power generators must meet the requirements of these rules as follows:    1.   Airport hydrant fuel distribution systems and UST systems with field-constructed tanks must meet the requirements in rule 567—135.21(455B).    2.   UST systems that store fuel solely for use by emergency power generators installed on or before November 28, 2007, must meet the requirements in rule 567—135.5(455B) by October 13, 2021.    3.   UST systems that store fuel solely for use by emergency power generators installed after November 28, 2007, must meet all applicable requirements of this chapter at installation.    (2)   Any UST system listed in paragraph 135.1(3)“c” must meet the requirements of subrule 135.1(4).

        ITEM 38.    Amend paragraph 135.1(3)"b", introductory paragraph, as follows:    b.    Exclusions.The following UST systems are excluded from the requirements of this chapter:

        ITEM 39.    Amend paragraph 135.1(3)"c" as follows:    c.    DeferralsPartial exclusions. Rules 567—135.3(455B), 567—135.4(455B), 567—135.5(455B), 567— 135.6(455B)567—135.6(455B), 567—135.15(455B) and 567—135.9(455B)567—135.21(455B) do not apply to any of the following types of UST systems:    (1)   Wastewater treatment tank systems;    (2)   Any UST systems containing radioactive material that are regulated under the federal Atomic Energy Act of 1954 (42 U.S.C. 2011 and following);    (3)   Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR 50 Appendix A;    (4)   Airport hydrant fuel distribution systems; andAboveground storage tanks associated with:    1.   Airport hydrant fuel distribution systems regulated under rule 567—135.21(455B); and    2.   UST systems with field-constructed tanks regulated under rule 567—135.21(455B).    (5)   UST systems with field-constructed tanks.

        ITEM 40.    Rescind paragraph 135.1(3)"d".

        ITEM 41.    Reletter paragraph 135.1(3)"e" as 135.1(3)"d".

        ITEM 42.    Amend subrule 135.1(4) as follows:    135.1(4) Interim prohibition for deferred UST systemsInstallation requirements for partially excluded UST systems.      a.    No person mayOwners and operators must install a UST system listed in 135.1(3)“c” for the purpose ofsubparagraphs 135.1(3)“c”(1) to 135.1(3)“c”(3) storing regulated substances unless the UST system (whether of single- or double-wall construction)that meets the following requirements:    (1)   Will prevent releases due to corrosion or structural failure for the operational life of the UST system;    (2)   Is cathodically protected against corrosion, constructed of noncorrodible material, steel clad with a noncorrodible material, or designed in a manner to prevent the release or threatened release of any stored substance; and    (3)   Is constructed or lined with material that is compatible with the stored substance.    b.    Notwithstanding paragraph “a” of this subrule,135.1(4)“a,” a UST system without corrosion protection may be installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life. Owners and operators must maintain records that demonstrate compliance with the requirements of this paragraph for the remaining life of the tank.Note: The National Association of Corrosion Engineers Standard RP-02-85, “Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,” may be used as guidance for complying with 135.1(4)“b.”The following codes of practice may be used as guidance for complying with this subrule.
  • NACE International Standard RP-02-85, Practice SP 0285, “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection”;
  • NACE International Standard Practice SP 0169, “Control of External Corrosion on Metallic Buried, Partially Buried, Underground or Submerged Metallic Piping Systems”;
  • American Petroleum Institute Recommended Practice 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems”; or
  • Steel Tank Institute Recommended Practice R892, “Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems.”
  •     ITEM 43.    Amend the following definitions in rule 567—135.2(455B):        "Asbestos-cement pipe" (AC refers to asbestos-cement) means a pipe or conduit constructed of asbestos fiber,and Portland cement, and water, which can be used to transport water.        "CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980as amended.        "Certified groundwater professional" means a person certified pursuant to 1995 Iowa Code section 455G.18455B.474 and 567—Chapter 134, Part A.        "Chemicals of concern" means the compounds derived from petroleum-regulated substances which are subject to evaluation for purposes of applying risk-based corrective action decision making. These compounds are benzene, ethylbenzene, toluene, and xylenes (BTEX) and naphthalene, benzo(a)pyrene, benz(a)anthracene, and chrysene. (Note: Measurement ofConcentration values for these last four constituents may be doneare determined by a conversion method from total extractable hydrocarbons, see subrule 135.8(3).)        "Drinking water well" means any groundwater well used as a source for drinking water by humans and groundwater wells used primarily for the final production of food or medicine for human consumption in facilities routinely characterized with the Standard Industrial Codes (SIC) group 283 for drugs and 20 for foods.        "Free product" refers to a regulated substance that is present as alight nonaqueous phase liquid (e.g., liquid not dissolved in water).        "Motor fuel" means petroleum or a petroleum-based substance that isa complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade of gasohol, and is typically used in the operation of a motor engineblend containing one or more of these substances (for example, motor gasoline blended with alcohol).        "Owner" means:
    1. In the case of a UST system in use on July 1, 1985, or brought into use after that date, any person who owns a UST system used for storage, use, or dispensing of regulated substances; and
    2. In the case of any UST system in use before July 1, 1985, but no longer in use on that date, any person who owned such UST immediately before the discontinuation of its use.
    "Owner" Owner does not include a personor institution, who, without participating in the management or operation of the underground storage tank or the tank siteor engaging in petroleum production, refining or marketing, holds indicia of ownership primarily to protect that person’s security interest in the underground storage tank or the tank site property, prior to obtaining ownership or control through debt enforcement, debt settlement, or otherwise.
            "Pipe" "piping" means a hollow cylinder or tubular conduit that is constructed of nonearthen materials and that routinely contains and conveys regulated substances from the underground tank(s) to the dispenser(s) or other end-use equipment. Such piping includes any elbows, couplings, unions, valves, or other in-line fixtures that contain and convey regulated substances from the underground tank(s) to the dispenser(s). This definition does not include vent, vapor recovery, or fill lines.        "Regulated substance" means an element, compound, mixture, solution or substance which, when released into the environment, may present substantial danger to the public health or welfare or the environment. Regulated substance includes:
    1. Substances designated in Table 302.4 of 40 CFR Part 302 (September 13, 1988),
    2. Substances which exhibit the characteristics identified in 40 CFR 261.20 through 261.24 (May 10, 1984) and which are not excluded from regulation as a hazardous waste under 40 CFR 261.4(b) (May 10, 1984),
    3. Any substance defined in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (but not including any substance regulated as a hazardous waste under subtitle C), and
    4. Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). The term “regulated substance” includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.
            "Release detection" means determining whether a release of a regulated substance has occurred from the UST system into the environment ora leak has occurred into the interstitial space between the UST system and its secondary barrier or secondary containment around it.        "Replace" "replacement" means the installation of a new underground tank system or component, including dispensers, in substantially the same location as an existing tank system or component in lieu of that tank system or component.        "Site assessment investigation" means an investigation conducted by a registeredcertified groundwater professional to determine relevant site historical data, the types, amounts, and sources of petroleum contaminants present, hydrogeological characteristics of the site, full vertical and horizontal extent of the contamination in soils and groundwater, direction and rate of flow of the contamination, ranges of concentration of the contaminants by analysis of soils and groundwater, the vertical and horizontal extent of the contamination exceeding department standards, and the actual or potential threat to public health and safety and the environment.        "Tier 2 site assessment" means the process of assessing risk to actual and potential receptors by using site-specific field datacontaminant concentrations and designated Tier 2 exposure and fate and transport models to determine the applicable target level(s).        "Under-dispenser containment (UDC)" means containment underneath a dispenser that willsystem designed to prevent leaks from the dispenserand piping within or above the UDC from reaching soil or groundwater. Such containment must:
  • Be intact and liquid-tight on its sides and bottom and at any penetrations;
  • Be compatible with the substance conveyed by the piping; and
  • Allow for visual inspection and monitoring and access to the components in the containment system.
  •         "Underground storage tank" "UST" means any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. This term does not include any:a. Farm or residential tank of 1100 gallons or less capacity used for storing motor fuel for noncommercial purposes. Iowa Code section 455B.471455B.473(4) requires those tanks existing prior to July 1, 1987, to be registered. Tanks installed on or after July 1, 1987, must comply with all 567—Chapter 135 rules;b. Tank used for storing heating oil for consumptive use on the premises where stored;c. Septic tank;d. Pipeline facility (including gathering lines) regulated under:(1) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671, et seq.)Which is regulated under 49 U.S. Code Chapter 601, or(2) The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001, et seq.), orWhich is an intrastate pipeline facility regulated under state laws as provided in 49 U.S.C. Chapter 601 and which is determined by the Secretary of Transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;(3) Which is an intrastate pipeline facility regulated under state laws comparable to the provisions of the law referred to in “d”(1) or “d”(2) of this definition;e. Surface impoundment, pit, pond, or lagoon;f. Storm-water or wastewater collection system;g. Flow-through process tank;h. Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; ori. Storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor.The term “underground storage tank” or “UST” does not include any pipes connected to any tank which is described in paragraphs “a” through “j”“i” of this definition.

        ITEM 44.    Rescind the definitions of “Class A operator,” “Class B operator,” “Class C operator,” “Dispenser,” “Repair” and “Secondary containment tank” in rule 567—135.2(455B).

        ITEM 45.    Adopt the following new definitions in rule 567—135.2(455B)—Chapter :        "Airport hydrant fuel distribution system" "airport hydrant system" means a UST system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.        "Biodiesel" means a renewable fuel comprised of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats, that is blended with petroleum-based diesel fuel, which meets the standards provided in Iowa Code section 214A.2.        "Class A operator" means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements. The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements under this chapter.        "Class B operator" means the individual who has day-to-day responsibility for implementing applicable regulatory requirements established by the department. The Class B operator typically implements in-field aspects of operation, maintenance, and associated record keeping for the UST systems.        "Class C operator" means the individual responsible for initially addressing emergencies presented by a spill or release from a UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances.        "Containment sump" means a liquid-tight container that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps and related components in the containment area. Containment sumps may be single-walled or secondarily contained and located at the top of the tank (tank top or submersible turbine pump sump), underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump).        "Dispenser" means equipment located above ground that dispenses regulated substances from the UST system.        "Dispenser system" means the dispenser and the equipment necessary to connect the dispenser to the underground storage tank system.        "Ethanol" means ethyl alcohol that is to be blended with gasoline if it meets the standards provided in Iowa Code section 214A.2.         "Field-constructed tank" means a tank constructed in the field. For example, a tank constructed of concrete that is poured in the field or a steel or fiberglass tank primarily fabricated in the field is considered field-constructed.        "Light, nonaqueous-phase liquid" "LNAPL" refers to an organic compound that is immiscible with, and lighter than water (e.g., crude oil, gasoline, diesel fuel, heating oil).        "Over-excavation" refers to the excavation of subsurface materials outside the excavation zone for the purpose of removing contaminated substances.        "Repair" means to restore to proper operating condition a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment or other UST system component that has caused a release of product from the UST system or has failed to function properly.        "Replaced" means:
    1. For a tank: to remove a tank and install another tank.
    2. For piping: to remove 50 percent or more of piping and install other piping, excluding connectors, connected to a single tank. For tanks with multiple piping runs, this definition applies independently to each piping run.
            "Secondary containment" or “secondarily contained” means a release prevention and release detection system for a tank or piping. This system has an inner and outer barrier with an interstitial space monitored for leaks. This term includes containment sumps when used for interstitial monitoring of piping.        "Temporary closure" means a regulated tank or UST system that has been out of operation for three months or more.        "Training program" means any program that provides information to and evaluates the knowledge of a Class A, Class B, or Class C operator through testing, practical demonstration, or another approach acceptable to the department regarding requirements for UST systems that meet the requirements of subrules 135.4(6) to 135.4(12).        "Underground storage tank professional" or “UST professional” means an individual licensed by the department under 567—Chapter 134, Part C. The licensing program includes underground storage tank system installation, installation inspection, UST system testing, tank lining, cathodic protection installation/inspection, and UST removal. The license issued will list the type of work the individual is licensed to perform.

        ITEM 46.    Amend subrule 135.3(1) as follows:    135.3(1) Performance standards for new UST systems.  In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems must meet the following requirements.The UST system must be secondarily contained in accordance with subrule 135.3(9).    a.    Tanks.Each tank must be properly designed and constructed, and any portion underground that routinely contains product must be protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:    (1)   The tank is constructed of fiberglass-reinforced plastic; orNote: The following industry codesof practice may be used to comply withsubparagraph 135.3(1)“a”(1): Underwriters Laboratories Standard 1316, “Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures;or Underwriters Laboratories of Canada CAN4-S615-M83S615, “Standard for Reinforced Plastic Underground Tanks for Petroleum Products”; or American Society of Testing and Materials Standard D4021-86, “Standard Specification for Glass-Fiber-Reinforced Polyester Underground Petroleum Storage Tanks.”Flammable and Combustible Liquids.”    (2)   The tank is constructed of steel and cathodically protected in the following manner:
    1. The tank is coated with a suitable dielectric material;
    2. Field-installed cathodic protection systems are designed by a corrosion expert;
    3. Impressed current systems are designed to allow determination of current operating status as required inparagraph 135.4(2)“c.This shall be accomplished by providing the rectifier with ampere and voltage meters that can be read by the owner and operator for comparison to the design standard set by the corrosion expert or a device that can warn the owner and operator when changes in ampere and voltage occur outside the design standard set by the corrosion expert; and
    4. Cathodic protection systems are operated and maintained in accordance with 135.4(2) or according to guidelines established by the department; orand
    5. Impressed current systems must be designed not to cause stray current that can damage other underground structures (metal electrical conduits, water lines, gas lines, etc.); or
    Note: The following codes and standards may be used to comply with 135.3(1)“a”(2): Steel Tank Institute “Specification for STI-P3 System of External Corrosion Protection of Underground Steel Storage Tanks”; Underwriters Laboratories Standard 1746, “Corrosion Protection Systems for Underground Storage Tanks”; Underwriters Laboratories of Canada CAN4-S603-M85, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids,” and CAN4-GO3.1-M85, “Standard for Galvanic Corrosion Protection Systems for Underground Tanks for Flammable and Combustible Liquids,” and CAN4-S631-M84, “Isolating Bushings for Steel Underground Tanks Protected with Coatings and Galvanic Systems”; or National Association of Corrosion Engineers Standard RP-02-85, “Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,” and Underwriters Laboratories Standard 58, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids.”The following codes of practice may be used to comply with subparagraph 135.3(1)“a”(2):
  • Steel Tank Institute “Specification STI-P3® Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks”;
  • Underwriters Laboratories Standard 1746, “External Corrosion Protection Systems for Steel Underground Storage Tanks”;
  • Underwriters Laboratories of Canada S603, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids,” and S6O3.1, “Standard for External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids,” and S631, “Standard for Isolating Bushings for Steel Underground Tanks Protected with External Corrosion Protection Systems”;
  • Steel Tank Institute Standard F841, “Standard for Dual Wall Underground Steel Storage Tanks”; or
  • NACE International Standard Practice SP 0285, “External Corrosion Control of Underground Storage Systems by Cathodic Protection,” and Underwriters Laboratories Standard 58, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids.”
  •     (3)   The tank is constructed of a steel-fiberglass-reinforced plastic compositesteel and clad or jacketed with a noncorrodible material; or Note: The following industry codes may be used to comply withsubparagraph 135.3(1)“a”(3): Underwriters Laboratories Standard 1746, “Corrosion Protection Systems for Underground Storage Tanks,” or the Association for Composite Tanks ACT-100, “Specification for the Fabrication of FRP Clad Underground Storage Tanks.”
  • Underwriters Laboratories Standard 1746, “Corrosion Protection Systems for Underground Storage Tanks”;
  • Steel Tank Institute ACT-100® Specification F894, “Specification for External Corrosion Protection of FRP Underground Storage Tanks”;
  • Steel Tank Institute ACT-100-U® Specification F961, “Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks”; or
  • Steel Tank Institute Specification F922, “Steel Tank Institute Specification for Permatank®.”
  •     (4)   The tank is constructed of metal without additional corrosion protection measures provided that:
    1. The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life; and
    2. Owners and operators maintain records that demonstrate compliance with the requirements of 135.3(1)“a”(4)“1” for the remaining life of the tank; or
        (5)   The tank construction and corrosion protection are determined by the department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment thansubparagraphs 135.3(1)“a”(1) to (4).
        b.    Piping.The piping that routinely contains regulated substances and is in contact with the ground must be properly designed, constructed, and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:in this rule. This includes piping for remote tank fill locations.All piping must have secondary containment, installed according to manufacturer’s specifications, and be compatible with the product stored and the environment to which it will be exposed. Piping must maintain its original specifications and structural integrity. Piping whose structural integrity has degraded must be replaced. All piping installations must meet National Fire Prevention Association 2000 Edition of NFPA 30 and 30A codes or the International Fire Code as adopted by the Iowa state fire marshal in 661—Chapter 221, “Flammable and Combustible Liquids.”    (1)   The piping is constructed of fiberglass-reinforced plastica noncorrodible material; orNote: The following codes and standardsof practice may be used to comply withsubparagraph 135.3(1)“b”(1): Underwriters Laboratories Subject 971, “UL Listed Non-Metal Pipe”; Underwriters Laboratories Standard 567, “Pipe Connectors for Flammable and Combustible and LP Gas”; Underwriters Laboratories of Canada Guide ULC-107, “Glass Fiber Reinforced Plastic Pipe and Fittings for Flammable Liquids”; and Underwriters Laboratories of Canada Standard CAN 4-S633-M81, “Flexible Underground Hose Connectors.”
  • Underwriters Laboratories Standard 971, “Nonmetallic Underground Piping for Flammable Liquids”; or
  • Underwriters Laboratories of Canada Standard S6660, “Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids.”
  •     (2)   The piping is constructed of steel and cathodically protected in the following manner:
    1. The piping is coated with a suitable dielectric material;
    2. Field-installed cathodic protection systems are designed by a corrosion expert;
    3. Impressed current systems are designed to allow determination of current operating status as required inparagraph 135.4(2)“c”; and
    4. Cathodic protection systems are operated and maintained in accordance withsubrule135.4(2) or guidelines established by the department; or
    Note: The following codes and standardsof practice may be used to comply withsubparagraph 135.3(1)“b”(2): National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code”; American Petroleum Institute Publication 1615, “Installation of Underground Petroleum Storage Systems”; American Petroleum Institute Publication 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems”; and National Association of Corrosion Engineers Standard RP-01-69, “Control of External Corrosion on Submerged Metallic Piping Systems.”
  • American Petroleum Institute Recommended Practice 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems”;
  • Underwriters Laboratories Subject 971A, “Outline of Investigation for Metallic Underground Fuel Pipe”;
  • Steel Tank Institute Recommended Practice R892, “Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems”;
  • NACE International Standard Practice SP 0169, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”;
  • NACE International Standard Practice SP 0285, “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection”: or
  • National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code.”
  •     (3)   The piping is constructed of metal without additional corrosion protection measures provided that:
    1. The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life; and
    2. Owners and operators maintain records that demonstrate compliance with the requirements ofsubparagraph 135.3(1)“b”(3)“1” for the remaining life of the piping; or
    Note: National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code”; and National Association of Corrosion Engineers Standard RP-01-69, “Control of External Corrosion on Submerged Metallic Piping Systems,” may be used to comply with 135.3(1)“b”(3).
        (4)   The piping construction and corrosion protection are determined by the department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements insubparagraphs 135.3(1)“b”(1) to (3).
        c.    Spill and overfill prevention equipment.    (1)   Except as provided in subparagraph (2)135.3(1)“b”(2), to prevent spilling and overfilling associated with product transfer to the UST system, owners and operators must use the following spill and overfill prevention equipment:
    1. Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe (for example, a spill catchment basin); and
    2. Overfill prevention equipment that will:
    Automatically shut off flow into the tank when the tank is no more than 95 percent full; or Alert the transfer operator when the tank is no more than 90 percent full by restricting the flow into the tank(not allowed for suction product delivery systems, for tanks with stage 1 vapor recovery or when product delivery is by pumping) or triggering a high-level alarm; or Restrict flow 30 minutes prior to overfilling, alert thetransfer operator with a high-level alarm one minute before overfilling, or automatically shut off the flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling.
        (2)   Owners and operators are not required to use the spill and overfill prevention equipment specified in subparagraph (1)135.3(1)“b”(1) if:
    1. Alternative equipment is used that is determined by the department to be no less protective of human health and the environment than the equipment specified in subparagraph (1)“1”paragraph 135.3(1)“b”(1)“1” or “2” of this paragraph; or
    2. The UST system is filled by transfers of no more than 25 gallons at one time.
        (3)   Flow restrictors used in vent lines may not be used to comply with paragraph 135.3(1)“c”(1)“2” when overfill prevention is installed or replaced.    (4)   Spill and overfill prevention equipment must be periodically tested or inspected in accordance with subrule 135.4(12).    (5)   Spill prevention equipment must be kept free of any liquid and debris. Any liquid or debris must be removed prior to product delivery.
        d.    Installation.All tanks and pipingThe UST system must be properly installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer’s instructions.The UST system installation shall be conducted by an installer licensed by the department under 567—Chapter 134, Part C, and in accordance with 567—subrules 134.24(3) and 134.24(4).Note: Tank and piping system installation practices and procedures described in the following codes may be used to comply with the requirements ofparagraph 135.3(1)“d”: American Petroleum Institute Publication 1615, “Installation of Underground Petroleum Storage System”; Petroleum Equipment Institute Publication RP100, “Recommended Practices for Installation of Underground Liquid Storage Systems”; or American National Standards Institute Standard 831.3, “Petroleum Refinery Piping,” and American National Standards Institute Standard 831.4, “Liquid Petroleum Transportation Piping System.”
  • American Petroleum Institute Publication 1615, “Installation of Underground Petroleum Storage System”;
  • Petroleum Equipment Institute Publication RP100, “Recommended Practices for Installation of Underground Liquid Storage Systems”; or
  • National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code” and 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages.”
  •     e.    Certification of installation.All owners and operators must ensure that one or more of the following methods of certification, testing, orand inspection isare used to demonstrate compliance with paragraph 135.3(1)“d” of this subrule by providing a certification of compliance on the UST notificationregistration form in accordance withsubrule 135.3(3).    (1)   The installer has been certified by the tank and piping manufacturers; or    (2)   (1)   The installer has been certified oris licensed by the department as provided in 567—Chapter 134, Part C; orand    (3)   (2)   The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation; orlicensed installation inspector as required by 567—Chapter 134, Part C.    (4)   The installation has been inspected and approved by an inspector certified or licensed by the Iowa comprehensive petroleum underground storage tank fund board; or    (5)   All work listed in the manufacturer’s installation checklists has been completed; or    (6)   The owner and operator have complied with another method for ensuring compliance with paragraph “d” that is determined by the department to be no less protective of human health and the environment.    f.    Dispenser systems.Each UST system must be equipped with under-dispenser containment (UDC) for any new or replaced dispenser system.    (1)   A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the underground storage tank system are installed at a location where there previously was no dispenser (new UST system or new dispenser location at an existing UST system). The equipment necessary to connect the dispenser to the underground storage tank system includes check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser to the underground piping.    (2)   UDC shall be installed whenever an existing dispenser system is removed and replaced with another dispenser and the equipment used to connect the dispenser to the underground storage tank system is replaced. This equipment includes flexible connectors or risers or other transitional components that are beneath the dispenser and connect the dispenser to the piping. UDC is not required when only the emergency shutoff or shear valves or check valves are replaced.    (3)   UDC shall be installed beneath the dispenser whenever ten feet or more of piping is repaired or replaced within ten feet of a dispenser.    (4)   UDC must be liquid-tight on its sides, bottom, and at any penetrations. UDC must allow for visual inspection and access to the components in the containment system or be periodically monitored for leaks from the dispenser system.

        ITEM 47.    Amend subrule 135.3(2) as follows:    135.3(2) Upgrading of existing UST systems.  Owners and operators must permanently close any UST system that does not meet the new UST system performance standards or has not been upgraded in accordance with paragraphs 135.3(2)“b” through “d.” This subrule does not apply to previously deferred UST systems. Upgrading is no longer allowed for UST systems not upgraded by December 22, 1998.    a.    Alternatives allowed.Not later than December 22, 1998, all existing UST systems musthad to comply with one of the following requirements:    (1)   New UST system performance standards under 135.3(1);    (2)   The upgrading requirements in paragraphs “b” through “d” below; or    (3)   Closure requirements under rule 567—135.15(455B), including applicable requirements for corrective action under rules 567—135.7(455B) to 567—135.12(455B).Replacement or upgrade of a tank system on a petroleum contaminated site classified as a high or low risk in accordance with subrulerule 567—135.12(455B) shall be a double wall tank or a tank equipped with a secondary containment system with monitoring of the space between the primary and secondary containment structures in accordance withparagraph 135.5(4)“g. or other approved tank system or methodology approved by the Iowa comprehensive petroleum underground storage tank fund board.    b.    Tank upgrading requirements.Steel tanks musthad to be upgraded to meet one of the following requirements in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory:    (1)   Interior lining. A tank may beTanks upgraded by internal lining ifmust meet the following:
    1. The lining iswas installed in accordance with the requirements ofsubrule 135.4(4), and
    2. Within ten years after lining, and every five years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications.
    3. If the internal lining is no longer performing in accordance with original design specifications and cannot be repaired in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, the lined tank must be permanently closed in accordance with rule 567—135.15(455B).
        (2)   Cathodic protection. A tank may beTanks upgraded by cathodic protection if the cathodic protection system meetsmeet the requirements ofparagraphs 135.3(1)“a”(2)“2,” “3,” and “4” and the integrity of the tank iswas ensured using one of the following methods:
    1. The tank iswas internally inspected and assessed to ensure that the tank iswas structurally sound and free of corrosion holes prior to installing the cathodic protection system; or
    2. The tank hashad been installed for less than ten years and is monitored monthly for releases in accordance with 135.5(4)“d” through “h”“i”; or
    3. The tank hashad been installed for less than ten years and iswas assessed for corrosion holes by conducting two tightness tests that meet the requirements ofparagraph 135.5(4)“c.” The first tightness test must behave been conducted prior to installing the cathodic protection system. The second tightness test must behave been conducted between three and six months following the first operation of the cathodic protection system; or
    4. The tank iswas assessed for corrosion holes by a method that is determined by the department to prevent releases in a manner that is no less protective of human health and the environment thanparagraphs 135.3(2)“b”(2)“1” to “3.”
        (3)   Internal lining combined with cathodic protection. A tank may beTanks upgraded by both internal lining and cathodic protection ifmust have met the following:
    1. The lining iswas installed in accordance with the requirements ofsubrule 135.4(4); and
    2. The cathodic protection systemwas installed within six months of lining installation and meets the requirements ofparagraphs 135.3(1)“a”(2)“2,” “3,” and “4.”
    Note: The following codes and standards may be used to comply with subrule 135.3(2): American Petroleum Institute Publication 1631, “Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks”; National Leak Prevention Association Standard 631, “Spill Prevention, Minimum 10-Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection”; National Association of Corrosion Engineers Standard RP-02-85, “Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems”; and American Petroleum Institute Publication 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.”Regarding paragraph 135.3(2)“b”: The following historical codes of practice were listed as options for complying with paragraph 135.3(2)“b”:
  • American Petroleum Institute Publication 1631, “Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks”;
  • National Leak Prevention Association Standard 631, “Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection”;
  • National Association of Corrosion Engineers Standard RP-02-85, “Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems”; and
  • American Petroleum Institute Publication 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.”
  • Note regarding paragraph 135.3(2)“b”(1)“2”: The following codes of practice may be used to comply with the periodic lining inspection requirement of this subrule:
  • American Petroleum Institute Recommended Practice 1631, “Interior Lining and Periodic Inspection of Underground Storage Tanks”;
  • National Leak Prevention Association Standard 631, Chapter B, “Future Internal Inspection Requirements for Lined Tanks”;
  • Ken Wilcox Associates Recommended Practice, “Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera”; or
  • Underwriters Laboratories (UL) 1856 Underground Fuel Tank Internal Retrofit Systems.
  •     c.    Piping upgrading requirements.Metal piping that routinely contains regulated substances and is in contact with the ground must be cathodically protected in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and must meet the requirements ofparagraphs 135.3(1)“b”(2)“2,” “3,” and “4.”Note: The codes and standardsof practice listed in the note followingsubparagraph 135.3(1)“b”(2) may be used to comply with this requirement.    d.    Spill and overfill prevention equipment.To prevent spilling and overfilling associated with product transfer to the UST system, all existing UST systems must comply with new UST system spill and overfill prevention equipment requirements specified inparagraph 135.3(1)“c.”

        ITEM 48.    Amend subrule 135.3(3) as follows:    135.3(3) NotificationRegistration and notification requirements.      a.    Except as provided inparagraph 135.3(3)“b,” the owner of an underground storage tank existing on or before July 1, 1985, shall complete and submit to the department a copy of the notificationregistration form provided by the department by May 1, 1986.    b.    The owner of an underground storage tanksystem taken out of operation between January 1, 1974, and July 1, 1985, shall complete and submit to the department a copy of the notificationregistration form provided by the department by May 8, 1986, unless the owner knows the tank has been removed from the ground. For purposes of this subrule, “owner” means the person who owned the tank immediately before the discontinuation of the tank’s use.    c.    An owner or operator who brings into use an underground storage tanksystem after July 1, 1985, shall complete and submit to the department a copy of the notificationregistration form provided by the department within 30 days of installing the tank in the groundthe final installation inspection required in 567—paragraph 134.27(2)“c” by a licensed installation inspector. The owner or operator shall not allow the deposit of any regulated substance into the tank without prior approval of the department or until the tank has been issued a tankpermanent registration tagand annual tank tag have been attached to the tank fill pipe andthe tank system is covered by an approved financial responsibility mechanism in accordance with 567—Chapter 136.    d.    All owners and operators of new UST systems mustprovide UST system details and a site diagram, and certify in the notificationregistration form compliance with the following requirements:    (1)   Installation of tanks and piping underparagraph 135.3(1)“e”;    (2)   Cathodic protection of steel tanks and piping underparagraphs 135.3(1)“a” and “b”;    (3)   Financial responsibility under 567—Chapter 136, Iowa Administrative Code;    (4)   Release detectionmethods undersubrules 135.5(2) and 135.5(3).;    (5)   Class A, B and C operator certification under subrule 135.4(6);    (6)   NESHAP Stage 1 vapor recovery.    e.    All owners and operators of new UST systems must ensure that thelicensed installer certifies in the notificationregistration form that the methods used to install the tanks and piping comply with the requirements inparagraph 135.3(1)“d.”    f.    Exemption from reporting requirement. Paragraphs135.3(1)“a” to “c” do not apply to an underground storage tank for which notice was given pursuant to Section 103, Subsection c, of the Comprehensive Environmental Response, Compensation and Liabilities Act of 1980. (42 U.S.C. Subsection 9603(c))    g.    Reporting fee. The noticeregistration form submitted by the owner to the department under paragraphs 135.3(1)“a” to “c” shall be accompanied by a fee of $10 for each tank included in the noticeform.    h.    Notification requirement for installing a tank. A person installing an underground storage tank and the owner or operator of the underground storage tank must notify the department of their intent to install the tank 30 days prior to installation. Notification shall be on a form provided by the department.    i.    Notification requirements for a person whoacquires, sells, installs, modifies or repairs a tankUST system.     (1)   A person, company or lending institution that assumes ownership or operation of a regulated underground storage tank must submit notification to the department on a form provided by the department within 30 days of acquisition and prior to tank operation. The owner must include copies of training certificates for the Class A and Class B operators (135.4(6)) and proof of financial responsibility required in 567—Chapter 136. The new owner is responsible for any current and back tank management fees that have not been previously paid.    (2)   A person who sells, installs, modifies, or repairs a tank used or intended to be used in Iowa shall notify, in writing, the purchaser and the owner or operator of the tank of the obligations specified in paragraphs 135.3(3)“c” and “j” and the financial assurance requirements in 567—Chapter 136. The notification must include the prohibition on depositing a regulated substance into tanks which have not been registered and issued tags by the department, or tanks which do not have financial assurance as required in 567—Chapter 136. A standard notification form supplied by the department may be used to satisfy this requirement.    j.    It is unlawful for a person to deposit or accept a regulated substance in an underground storage tank that has not been registered and issued permanent or annual tank management tags in accordance with rule 567—135.3(455B). It is unlawful for a person to deposit or accept a regulated substance into an underground storage tank if the person has received notice from the department that the underground storage tank is subject to a delivery prohibition or if there is a “red tag” attached to the UST fill pipe or fill pipe cap as provided in subrule 135.3(8).    (1)   The department may provide written authorization to receive a regulated substance when there is a delay in receiving tank tags or at new tank installations to allow for testing the tank system.    (2)   The department may provide known depositors of regulated substances lists of underground storage tank sites that have been issued tank tags, those that have not been issued tank tags, and those subject to a delivery prohibition pursuant to subrule 135.3(8). These lists do not remove the requirement for depositors to verify that current tank tags are affixed to the fill pipe prior to delivering product. Regulated substances cannot be delivered to underground storage tanks without current tank tags or those displaying a delivery prohibition “red tag” as provided in subrule 135.3(8).    (3)   A person shall notaccept or deposit a regulated substance in an underground storage tank after receiving written or oral notice from the department that the tank is not covered by an approved form of financial responsibility in accordance with 567—Chapter 136.    k.    If an owner or operator fails to register an underground storage tank within 30 days after installation or obtain annual renewal tags by April 1,pursuant to paragraph 135.3(3)“c,” the owner or operator shall pay an additional $250per tank late fee upon registration of the tank or application for tank tag renewal. The imposition of this fee does not preclude the department from assessing an additional administrative penalty in accordance with Iowa Code section 455B.476.

        ITEM 49.    Amend subrule 135.3(4) as follows:    135.3(4) Farm and residential tanks.      a.    The owner or operator of a farm or residential tank of 1100 gallons or less capacity used for storing motor fuel for noncommercial purposes is subject to the requirements of this subrule.    b.    Farm and residential tanks, installed before July 1, 1987, shall be reported on a notification form by July 1, 1989, but owners or operators are not required to pay a registration feeare required to be registered with the department.    c.    Farm and residential tanks that were installed on or after July 1, 1987, shallmust be in compliance with all the underground storage tank regulations.

        ITEM 50.    Rescind paragraph 135.3(5)"b" and adopt the following new paragraph in lieu thereof:    b.    The owner or operator of tanks over 1,100-gallon capacity must submit a tank management fee form and fee payment of $65 per tank by January 15 of each year.    (1)   An additional $250 per tank late fee must be paid if the tank management fee is not paid by March 1.    (2)   The owner or operator must submit written proof that the tanks are covered by an approved form of financial responsibility in accordance with 567—Chapter 136.    (3)   Upon proper payment of the fee and acceptable proof of financial responsibility, and a determination there are no outstanding compliance violations, a one-year renewal tag will be issued for the period from April 1 to March 31.    (4)   If there are outstanding compliance violations, the annual tank tags may be withheld until the violations are corrected.    (5)   The department shall refund a tank management fee if the tank is permanently closed prior to April 1 for that year.

        ITEM 51.    Amend paragraph 135.3(5)"d" as follows:    d.    A person who conveys or deposits a regulated substance shall inspect the underground storage tank to determine the existence or absence of a currentpermanent registration tag, a current annual tank management feerenewal tag, or a delivery prohibition “red tag” as provided in subrule 135.3(8). If the taga current annual renewal tag, or a silver permanent tag for regulated tanks less than 1,100 gallons is not affixed to the fill pipe or fill pipe cap or if a delivery prohibition “red tag” is displayed, the person shall not deposit the substance in the tank.

        ITEM 52.    Amend subrule 135.3(6) as follows:    135.3(6) PetroleumPreviously unregistered petroleum underground storage tank registration amnesty programtanks.  a.    A petroleum underground storage tank required to be registered undersubrules 135.3(3) and 135.3(4), which has not been registered prior to July 1, 1988, mayshall be registered under the following conditions:    (1)   a.    The tank registration fee underparagraph 135.3(3)“g” shall accompany the registration.    (2)   b.    The storage tank management feeand any late fees undersubrule 135.3(5) and paragraph 135.3(3)“k” shall be paid for past years in which the tank should have been registered.    b.    If a tank is registered under this subrule on or prior to October 1, 1989, penalties under Iowa Code section 455B.477 shall be waived.    c.    The department may waive the late fee(s).

        ITEM 53.    Rescind and reserve subrule 135.3(7).

        ITEM 54.    Amend subparagraph 135.3(8)"a" as follows:    (1)   Annual registrationrenewal tag and tank management fee process. Owners and operators shall certify to the following on a form prepared by the department when applying for annual tank tags pursuant to subrule 135.3(5):
    1. Installation and performance of an approved UST and piping release detection method as provided in rule 567—135.5(455B), including an annual line tightness test and a line leak detector test if applicable.
    2. Installation of an approved overfill and spill protection system as provided in paragraph 135.3(1)“c.”
    3. Installation of an approved corrosion protection system as provided in paragraphs 135.3(1)“a” and “b.”
    4. If the UST system has been out of operation for more than three months, that the UST system has been temporarily closed in accordance with rule 567—135.15(455B) and a certification of temporary closure has been submitted to the department.
    5. If the UST system has been removed or filled in place within the last 12 months, the date of removal or filling in place and whether a closure report has been submitted as provided in rule 567—135.15(455B).

        ITEM 55.    Adopt the following new subparagraphs 135.3(8)"b" to 135.3(8)"b":    (11)   The owner or operator has failed to provide documentation of Class A or B operator training.Reinstatement Criterion: The owner or operator must submit a copy of the certificates of training for Class A and B operators.    (12)   The owner or operator has failed to install required secondary containment.Reinstatement Criterion: The owner or operator must document secondary containment has been installed as provided in subrule 135.3(9).    (13)   The owner or operator has failed to pay the annual tank management fee.Reinstatement Criterion: The owner or operator must pay the current and any previous unpaid tank management fees in addition to any late fees as provided in paragraph 135.3(5)“b.”    (14)   When tanks are no longer in use or in temporary closure.Reinstatement Criterion: The owner or operator must provide a completed Return to Service form along with required documents.

        ITEM 56.    Amend paragraph 135.3(8)"f" as follows:    f.    Delivery prohibition procedure.Upon oral or written notice that the delivery prohibition response action has been imposed, the owner or operator and any person in charge of the UST facility shall be notified that they are not authorized to receive any further delivery of regulated substances until conditions for reinstatement of eligibility are satisfied. Owners and operators are required to immediately remove and return to the department the current annual tank management fee tags or the tank registration tags if there are no tank management fee tags. Owners and operators are required to provide the department with names and contact information for all persons who convey or deposit regulated substances to the USTs. The department will attempt to notify known persons who convey or deposit regulated substances to the USTs that they are not authorized to deliver to the USTs until further notice by the department as provided in paragraph 135.3(3)“j” and subrule 135.3(5).If the tank tags are not returned within three business days, theThe department shall visit the site, remove the tags, and affix a “red tag” to the fill pipes or fill pipe caps of all affected USTs. It is unlawful for any person to deposit or accept a regulated substance into a UST that has a “red tag” affixed to the fill pipe or fill pipe cap. The department may allow the owner and operator to dispense and sell the remainder of existing fuel unless the department determines there is an immediate risk of a release or other risk to human health, safety or the environment. The department shall confirm in writing the basis for the delivery prohibition response action, contacts made prior to the action, and steps the owner or operator must take to reinstate fuel delivery.

        ITEM 57.    Rescind subrule 135.3(9) and adopt the following new subrule in lieu thereof:    135.3(9) Secondary containment requirements for UST system installations.  All new and replacement underground storage tank systems and appurtenances used for the storage and dispensing of petroleum products shall have secondary containment in accordance with this subrule. The secondary containment provision includes the installation of containment sumps.    a.    Tanks and piping installed or replaced after November 28, 2007, must have secondary containment that is designed, installed, and maintained according to the performance standards in subrule 135.3(1) and paragraph 135.5(3)“b.”    (1)   The secondary containment may be manufactured as an integral part of the primary containment or constructed as a separate containment system.    (2)   At a minimum, the secondary containment must:    1.   Contain regulated substances leaked from the UST system until detected and removed.    2.   Prevent the release of regulated substances into the environment at any time during the operational life of the underground storage tank system.    3.   Be checked for evidence of a release from the tank at least every 30 days as provided in paragraph 135.5(2)“a.”    b.    Testing and inspection. Containment sumps shall be liquid-tight and must be inspected and tested in accordance with the following:    (1)   Inspections for secondary containment sumps (spill catchment basins, turbine sumps, transition or intermediate sumps, and under-dispenser containment).    1.   Inspections for secondary containment sumps shall consist of visual inspection by an Iowa-licensed installer or Iowa-certified compliance inspector every two years.    2.   Containment sumps must be intact (no cracks or perforations) and liquid-tight, including sides and bottom.    3.   Containment sumps must be maintained and kept free of debris, liquid, and ice at all times.    4.   Regulated substances leaked or spilled into any containment sumps shall be immediately removed.    (2)   Secondary containment sumps used for interstitial monitoring of piping shall be tested upon installation and periodically in accordance with subrule 135.4(12).

        ITEM 58.    Amend paragraph 135.4(1)"a" as follows:    a.    Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling.Note: The transfer procedures described in National Fire Protection Association PublicationStandard 385, “Standard for Tank Vehicles for Flammable and Combustible Liquids” or American Petroleum Institute Recommended Practice 1007, “Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles” may be used to comply withparagraph 135.4(1)“a.” Further guidance on spill and overfill prevention appears in American Petroleum Institute Publication 1621, “Recommended Practice1621 for Bulk Liquid Stock Control at Retail Outlets,” and National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code.”

        ITEM 59.    Amend subrule 135.4(2) as follows:    135.4(2) Operation and maintenance of corrosion protection.  All owners and operators of steelmetal UST systems with corrosion protection must comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the UST system is used to store regulated substances:    a.    All corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with the ground.    b.    All UST systems equipped with cathodic protection systems must be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements:    (1)   Frequency. All cathodic protection systems must be tested within six months of installation and at least every three years thereafter or according to another reasonable time frame established by the department; and    (2)   Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this subrule must be in accordance with a code of practice developed by a nationally recognized association.Note: National Association of Corrosion Engineers Standard RP-02-85, “Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,”The following codes of practice may be used to comply withsubparagraph 135.4(2)“b”(2).
  • NACE International Test Method TM 0101, “Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems”;
  • NACE International Test Method TM0497, “Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems”;
  • Steel Tank Institute Recommended Practice R051, “Cathodic Protection Testing Procedures for STI-P3® USTs”;
  • NACE International Standard Practice SP 0285, “External Control of Underground Storage Tank Systems by Cathodic Protection”; or
  • NACE International Standard Practice SP 0169, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems.”
  •     c.    UST systems with impressed current cathodic protection systems must also be inspected every 60 days to ensure the equipment is running properly.    d.    For UST systems using cathodic protection, records of the operation of the cathodic protection must be maintained (in accordance with 135.4(5)) to demonstrate compliance with the performance standards in this subrule. These records must provide the following:    (1)   The results of the last three inspections required in paragraph “c”; and    (2)   The results of testing from the last two inspections required in paragraph “b.”    e.    When an impressed current cathodic protection system is failing cathodic protection for the time periods given below, owners and operators must take the following actions:    (1)   For impressed current cathodic protection systems that have been inoperative for 0 to 90 days after failing a corrosion protection test or after discovering the system is not operating, all of the following must be completed:    1.   Power must be restored to an inoperative corrosion protection system. A damaged or failed corrosion protection system must be repaired by a cathodic protection tester. A corrosion expert must approve any modifications to the system that are outside of the original design.    2.   The corrosion protection system must be retested within six months of repair.    3.   A copy of the test and any repairs must be kept as part of the cathodic protection records.    4.   A copy of the new design standards must be kept as part of the cathodic protection records.    (2)   For impressed current corrosion protection systems that have been inoperative for 90 to 365 days or repaired 90 to 365 days after failing a corrosion protection test, all of the following must be completed:    1.   Notify the department.    2.   Power must be restored to an inoperative corrosion protection system.    3.   The corrosion protection system must be repaired, tested and returned to service under the supervision of a corrosion expert.    4.   A precision tightness test must be conducted on the entire UST system.    5.   The corrosion protection system must be retested within six months of the repair or power being restored.    6.   A copy of the test and any repairs must be kept as part of the cathodic protection records.    7.   A copy of the new design standards must be kept as part of the cathodic protection records.    8.   If determined the tank is not suitable for corrosion protection, the tank must be permanently closed in accordance with subrule 135.15(2).    (3)   If the impressed current corrosion protection system has been inoperative for more than 365 days or was not repaired for more than 365 days after failing a corrosion protection test, all of the following must be completed:    1.   Notify the department.    2.   Immediately empty and stop using the tank system.    3.   An internal inspection of the steel tank must be conducted according to a national standard (e.g., API 1631). If the UST fails the internal inspection, the UST owner must permanently close the tank in accordance with subrule 135.15(2).    4.   All metal piping and buried metal components (e.g., flex connectors, couplings) that routinely contain product must be inspected by a UST professional or cathodic protection tester. If the metallic components have no visible corrosion and have passed a line tightness test (unless the piping is exempt from leak detection, e.g., Safe or European Suction) then the cathodic protection system may be repaired or replaced under the supervision of a corrosion expert. Metallic components that show visible corrosion must be replaced.    5.   A precision test must be conducted on the entire UST system following repair or replacement of the cathodic protection system.    6.   The corrosion protection system must be retested within six months of repair.    7.   A copy of the tests and any repairs must be kept as part of the cathodic protection records.    8.   A copy of the new design standards must be kept as part of the cathodic protection records.    (4)   If the impressed current cathodic protection system has been inoperable for more than 365 days and cannot or will not be brought back into immediate use, the tank system must be permanently closed in accordance with rule 567—135.15(2).

        ITEM 60.    Amend subrule 135.4(3) as follows:    135.4(3) Compatibility.  Owners and operators must use a UST system made of or lined with materials that are compatible with the substance stored in the UST system.    a.    Owners and operators must notify the department at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol, greater than 20 percent biodiesel, or any other regulated substance identified by the department.    b.    Owners and operators must have a UST installer licensed under 567—Chapter 134, Part C, submit the department’s checklist for equipment compatibility for the UST system to the department.Note: Owners and operators storing alcohol blends may use the following codes to comply with the requirements of subrule 135.4(3): American Petroleum Institute PublicationRecommended Practice 1626, “Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations”; and American Petroleum Institute Publication 1627, “Storage and Handling of Gasoline-Methanol/Cosolvent Blends at Distribution Terminals and ServiceFilling Stations.”

        ITEM 61.    Amend subrule 135.4(4) as follows:    135.4(4) Repairs allowedand replacement.  Owners and operators of UST systems must ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances. The repairs must meet the following requirements:    a.    Repairs to UST systems must be properly conducted in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.Note: The following codes and standards may be used to comply withparagraph 135.4(4)“a”: National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code”; American Petroleum Institute Publication 2200, “Repairing Crude Oil, Liquified Petroleum Gas, and Product Pipelines”; American Petroleum Institute Publication 1631, “Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks”; and National Leak Prevention Association Standard 631, “Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection.”
  • National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code”;
  • International Fire Code;
  • American Petroleum Institute Recommended Practice 2200, “Repairing Crude Oil, Liquefied Petroleum Gas, and Product Pipelines”;
  • American Petroleum Institute Recommended Practice 1631, “Interior Lining and Periodic Inspection of Underground Storage Tanks”;
  • National Fire Protection Association Standard 326, “Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair”;
  • National Leak Prevention Association Standard 631, Chapter A, “Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks”;
  • Steel Tank Institute Recommended Practice R972, “Recommended Practice for the Addition of Supplemental Anodes to STI-P3® Tanks”;
  • NACE International Standard Practice SP 0285, “External Control of Underground Storage Tank Systems by Cathodic Protection”; or
  • Fiberglass Tank and Pipe Institute Recommended Practice T-95-02, “Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks.”
  •     b.    Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer’s authorized representatives or in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.    c.    Piping and fittings.    (1)   Metal pipe sections and fittings that have released product as a result of corrosion or other damage must be replaced. FiberglassNoncorrodible pipes and fittings may be repaired in accordance with the manufacturer’s specifications.    (2)   Any replacement of ten feet or more of piping shall have secondary containment.    (3)   If 50 percent or more of any piping run is removed, the entire piping run must be removed and replaced with secondarily contained piping and interstitial monitoring.    (4)   All piping replacements requiring secondary containment shall be constructed with transition or intermediate containment sumps.    d.    RepairedRepairs to secondary containment areas of tanks and piping used for interstitial monitoring and to containment sumps used for interstitial monitoring of piping must have the secondary containment tested for tightness according to the manufacturer’s instructions, a code of practice developed by a nationally recognized association or independent testing laboratory, or according to requirements established by the department within 30 days following the date of completion of the repair. All other repairs to tanks and piping must be tightness tested in accordance withparagraphs 135.5(4)“c” and 135.5(5)“b” within 30 days following the date of the completion of the repair except as provided in subparagraphs (1) to (3) below:    (1)   The repaired tank is internally inspected in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory; or    (2)   The repaired portion of the UST system is monitored monthly for releases in accordance with a method specified inparagraphs 135.5(4)“d” through “h”“i”; or    (3)   Another test method is used that is determined by the department to be no less protective of human health and the environment than those listed above.Note regarding paragraph 135.4(4)“d”: The following codes of practice may be used to comply with paragraph 135.4(4)“d”:
  • Steel Tank Institute Recommended Practice R012, “Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks”; or
  • Fiberglass Tank and Pipe Institute Protocol, “Field Test Protocol for Testing the Annular Space of Installed Underground Fiberglass Double and Triple-Wall Tanks with Dry Annular Space.”
  • Petroleum Equipment Institute Publication RP1200, “Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities.”
  •     e.    Within six months following the repair of any cathodically protected UST system, the cathodic protection system must be tested in accordance withparagraphs 135.4(2)“b” and “c” to ensure that it is operating properly.    f.    Within 30 days following any repair to spill or overfill prevention equipment, the repaired spill or overfill prevention equipment must be tested or inspected, as appropriate, in accordance with subrule 135.4(1) to ensure it is operating properly.    g.    Installation of any new or replacement turbine pumps involving the direct connection to the tank shall have secondary containment.    f.    h.    UST system owners and operators must maintain records of each repair for the remaining operating life ofuntil the UST system that demonstrate compliance with the requirements of this subruleis permanently closed or undergoes a change-in-service pursuant to subrule 135.15(2).    i.    Repairs or replacements to a UST system must be conducted by an Iowa-licensed UST professional whose license is issued for that specific work.

        ITEM 62.    Amend subrule 135.4(5) as follows:    135.4(5) Reporting and record keeping.  Owners and operators of UST systems must cooperate fully with inspections, monitoring and testing conducted by the department, as well as requests for document submission, testing, and monitoring by the owner or operator pursuant to Section 9005 of Subtitle I of the Resource Conservation and RecoverySolid Waste Disposal Act, as amended.    a.    Reporting.Owners and operators must submit the following information to the department:    (1)   Notification for all UST systems (135.3(3)), which includes certification of installation for new UST systems (135.3(1)“e”);    (2)   Notification of equipment replacement or addition of new equipment;    (2)   (3)   Reports of all releases including suspected releases (135.6(1)), spills and overfills (135.6(4)), and confirmed releases (135.7(2));    (3)   (4)   Corrective actions planned or taken including initial abatement measures (135.7(3)), initial site characterization (567—135.9(455B)), free product removal (135.7(5)), investigation of soil and groundwater cleanup and corrective action plan (567—135.8(455B) to 567—135.12(455B)); and    (4)   (5)   A notification before permanent closure or change-in-service (135.15(2)).;    (6)   Notification of any change in ownership;    (7)   Notification of any change in Class A or Class B operators;    (8)   Notification of any loss of financial responsibility (i.e., insurance);    (9)   Notification prior to UST systems switching to certain regulated substances.    b.    Record keeping.Owners and operators must maintain the following information:    (1)   A corrosion expert’s analysis of site corrosion potential if corrosion protection equipment is not used (135.3(1)“a”(4); (135.3(1)“b”(3)).    (2)   Documentation of operation of corrosion protection equipment (135.4(2));    (3)   Documentation of UST system repairs (135.4(4)“f”135.4(4)“h”);    (4)   RecentDocumentation of compliance with release detection requirements (135.5(6)); and    (5)   Results of the site investigation conducted at permanent closure (135.15(5)).(135.15(3));    (6)   Cathodic protection system testing results (135.4(2));    (7)   Class A, B and C operator training certificates (135.4(6));    (8)   Secondary containment test results (135.3(9));    (9)   Documentation of periodic walkthrough inspections (135.4(13));    (10)   Documentation of compatibility for UST systems (135.4(3));    (11)   Documentation of compliance for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping (135.4(12)).    c.    Availability and maintenance of records.Owners and operators must keep the records required either:    (1)   At the UST site and immediately available for inspection by the department; or    (2)   At a readily available alternative site and be provided for inspection to the department uponwithin two business days of department request.Note: In the case of permanent closure records required undersubrule 135.15(5), owners and operators are also provided with the additional alternative of mailing closure records to the department if they cannot be kept at the site or an alternative site as indicated above.

        ITEM 63.    Amend paragraph 135.4(6)"b" as follows:    b.    A facility may not operate after December 31, 2011, unless operators have been designated and trained as required in this rule, or unless otherwise agreed upon by the department based on a finding of good cause for failure to meet this requirement and a plan for designation and training at the earliest practicable date.

        ITEM 64.    Amend paragraph 135.4(6)"g" as follows:    g.    Designated operators must successfully complete required training under subrule 135.4(9) no later than December 31, 2011.

        ITEM 65.    Amend paragraph 135.4(6)"i" as follows:    i.    When a facility is found to be out of compliance, the department may require the owner and operator to retrainthat the designated UST system Class A, B, or C operatorbe retrained under a plan approved by the department. The retraining must occur within 6030 days from departmental notice for Class A and Class B operators and within 15 days for Class C operators.

        ITEM 66.    Amend subparagraph 135.4(7)"a", introductory paragraph, as follows:    (1)   Class A operators have the primary responsibility to operate,and maintain, and have knowledge of the regulatory requirements for the underground storage tank system and facility. The Class A operator’s responsibilities include managing resources and personnel to achieve and maintain compliance with regulatory requirements under this chapter in the following ways:

        ITEM 67.    Amend subparagraph 135.4(7)"b" as follows:    (1)   A Class B operator implementsis knowledgeable of the applicable underground storage tank regulatory requirements and standardsand implements them in the field or at the tank facility. A Class B operator oversees and implements the day-to-day aspects of operation, maintenance, and record keeping for the underground storage tanks at facilities within four hours of travel time from the Class B operator’s principal place of business. A Class B operator’s responsibilities include, but are not limited to:
    1. Performing mandated system tests at required intervals and making sure spill prevention, overfill control equipment, and corrosion protection equipment are properly functioning.
    2. Assisting the owner by ensuring that release detection equipment is operational, release detection monitoring and tests are performed at the proper intervals, and release detection records are retained and made available to the department and compliance inspectors.
    3. Making sure record-keeping and reporting requirements are met and that relevant equipment manufacturers’ or third-party performance standards are available and followed.
    4. Properly responding to, investigating, and reporting emergencies caused by releases or spills from USTs.
    5. Performing UST release detection in accordance with rule 567—135.5(455B).
    6. Monitoring the status of UST release detection.
    7. Meeting spill prevention, overfill prevention, and corrosion protection requirements.
    8. Reporting suspected and confirmed releases and taking release prevention and response actions according to the requirements of rule 567—135.6(455B).
    9. Training and documenting Class C operators to make sure at least one Class C operator is on site during operating hours. Class B operators shall be familiar with Class C operator responsibilities and may provide requiredadditional training for Class C operators.

        ITEM 68.    Amend subparagraph 135.4(7)"c" as follows:    (1)   Within six months after October 14, 2009, writtenWritten basic operating instructions, emergency contact names and telephone numbers, and basic procedures specific to the facility shall be provided to all Class C operators and readily available on site.

        ITEM 69.    Amend subrule 135.4(8), introductory paragraph, as follows:    135.4(8) UST operator training course requirements.  Individuals must attend a department- approved training course covering material designated for each operator class. Individuals must attend every session of the training,and take thedepartment’s examination, and attend examination review.

        ITEM 70.    Amend subparagraph 135.4(8)"b" as follows:    (8)   Discussion of the benefits of monthly or frequent inspections and content and use of inspection checklists.Requirements of 30-day and annual walkthrough inspections. Training materials for operators shall include the department’s “Iowa UST Operator Inspection Checklist” or a checklist template similar to the department’s document.

        ITEM 71.    Adopt the following new subparagraph 135.4(8)"b":    (19)   Requirements for facilities that operate unstaffed at any time.

        ITEM 72.    Rescind paragraph 135.4(8)"c" and adopt the following new paragraph in lieu thereof:    c.    Class C operators.To be certified as a Class C operator, an individual must complete a department-approved training course. A Class A or Class B operator who has completed a department-approved training course may provide the Class C training. Class C operator training must include at a minimum:    (1)   A general overview of the department’s UST program and purpose;    (2)   Groundwater protection goals;    (3)   Public safety;    (4)   UST system overview;    (5)   Administrative requirements; and    (6)   Action to be taken in response to an emergency condition due to a spill or release from a UST system.Training must include written procedures for the Class C operator, including notification instructions necessary in the event of emergency conditions. The written instructions and procedures must be readily available on site. A Class A or Class B operator may provide additional on-site Class C training specific to the operator’s UST system.

        ITEM 73.    Amend subrule 135.4(9) as follows:    135.4(9) Examination and review requirement.  Class A and Class B operators must complete the department-approved training course and take anachieve a passing grade of 85 percent on the examination to verify their understanding and knowledge. The examination may include both written and practical (hands-on) testing activities. The trainer must follow up the examination with a review of missed test questions with the class or individual to ensure understanding of problem areas. Upon successful completion of the training course, the applicant will receive a certificate verifying the applicant’s status as a Class A, Class B, or Class C operator.    a.    Reciprocity.The department may waive the training course for operators upon a showing of successful completion of a training course and examination approved by another state or regulatory agency that the department determines are substantially equivalent to the UST requirements contained in this chapter.    b.    Transferability to another UST site.Class A and Class B operators may transfer to other UST facilities in Iowa provided the operator is properly designated by the facility owner as a Class A or Class B operator according to 567—subrule 134.4(13)135.4(11). Class A and Class B operators transferring from other states shall seek prior approval of training qualifications, unless the department has preapproved the out-of-state program as substantially equivalent to the requirements of this chapter.

        ITEM 74.    Amend subrule 135.4(10) as follows:    135.4(10) Timing of UST operator training.      a.    An owner shall ensure that Class A, Class B, and Class C operators are trained as soon as practicable after October 14, 2009, contingent upon availability ofby approved training providers, but not later than December 31, 2011, except as provided in paragraph 135.4(6)“b.”before an operator assumes duties of that class of operator.    b.    When a Class A or Class B operator is replaced, a new operator must be trained prior to assuming duties for that class of operator.A copy of the certificate of training must be submitted to the department within 30 days of assuming duties.    c.    Class C operators must be trained before assuming the duties of a Class C operator. Within six months after October 14, 2009, writtenWritten basic operating instructions, emergency contact names and telephone numbers, and basic procedures specific to the facility shall be provided to all Class C operators and readily available on site. A Class C operator may be briefed on these procedures concurrent with annual safety training required under Occupational Safety and Health Administration regulations, 29 CFR, Part 1910.

        ITEM 75.    Amend paragraph 135.4(11)"b" as follows:    b.    A copy of the certificates of training for Class A and Class B operators shall be on file and readily available for inspection in accordance with subrule 135.4(5).Records verifying completion of training or retraining of Class A, Class B, and Class C operators must identify name of trainee, date trained, operator training class completed, and list the name of the trainer or examiner and the training company name, address, and telephone number. Owners and operators must maintain these records for as long as Class A, Class B, and Class C operators are designated.

        ITEM 76.    Adopt the following new subrules 135.4(12) and 135.4(13):    .(12) Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment.      a.    Owners and operators of UST systems with spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping must meet these requirements to ensure the equipment is operating properly and will prevent releases to the environment:    (1)   Spill prevention equipment (such as a catchment basin, spill bucket, or other spill containment device) and containment sumps used for interstitial monitoring of piping must prevent releases to the environment by meeting one of the following:    1.   The equipment is double walled and the integrity of both walls is periodically monitored at a frequency of not less than every 30 days. If owners and operators discontinue periodic monitoring of this equipment, they must begin meeting paragraph 135.4(12)“a”(1)“2” and conduct a test within 30 days of discontinuing periodic monitoring of this equipment; or    2.   The spill prevention equipment and containment sumps used for interstitial monitoring of piping are tested at least once every three years to ensure the equipment is liquid tight by using vacuum, pressure, or liquid testing in accordance with one of the following criteria:
  • Requirements developed by the manufacturer (Note: Owners and operators may use this option only if the manufacturer has developed requirements); or
  • A code of practice developed by a nationally recognized association or independent testing laboratory; or
  • Requirements determined by the department to be no less protective of human health and the environment than the requirements listed in this subrule.
  •     (2)   Overfill prevention equipment must be inspected at least once every three years. At a minimum, the inspection must ensure that overfill prevention equipment is set to activate at the correct level specified in paragraph 135.3(1)“c” and will activate when regulated substance reaches that level. Inspections must be conducted in accordance with one of the following criteria:
  • Requirements developed by the manufacturer (Note: Owners and operators may use this option only if the manufacturer has developed requirements); or
  • A code of practice developed by a nationally recognized association or independent testing laboratory; or
  • Requirements determined by the department to be no less protective of human health and the environment than the requirements listed in this section.
  •     b.    Owners and operators must begin meeting these requirements as follows:    (1)   For UST systems in use on or before [the effective date of this rule], the initial spill prevention equipment test and overfill prevention equipment inspection must be conducted not later than October 13, 2021.    (2)   For UST systems brought into use after [the effective date of this rule], these requirements apply at installation.    c.    Owners and operators must maintain records as follows for spill prevention equipment and overfill prevention equipment:    (1)   All records of testing or inspection must be maintained for three years; and    (2)   For spill prevention equipment and containment sumps used for interstitial monitoring of piping not tested every three years, documentation showing that the prevention equipment is double-walled and the integrity of both walls is periodically monitored must be maintained for as long as the equipment is periodically monitored.Note: The following code of practice may be used to comply with this section: Petroleum Equipment Institute Publication RP1200, “Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities.”
        .(13) Periodic operation and maintenance walkthrough inspections.  Conduct inspections to properly operate and maintain UST systems.    a.    Conduct a walkthrough inspection every 30 days that, at a minimum, checks the following equipment as specified below (Exception: spill prevention equipment at UST systems receiving deliveries at intervals greater than every 30 days may be checked prior to each delivery):    (1)   Spill prevention equipment: visually check for damage; remove liquid or debris; check for and remove obstructions in the fill pipe; check the fill cap to make sure it attaches securely on the fill pipe and gasket is in good condition; and, for double-walled spill prevention equipment with interstitial monitoring, check for a leak in the interstitial area, and    (2)   Release detection equipment: check to make sure the release detection equipment is operating with no alarms or other unusual operating conditions present, and ensure records of release detection testing are reviewed and current.    b.    Conduct a walkthrough inspection annually, at a minimum, checking the following equipment as specified below:    (1)   Containment sumps: visually check for damage, leaks to the containment area, or releases to the environment; remove liquid (in contained sumps) or debris; and, for double-walled sumps with interstitial monitoring, check for a leak in the interstitial area, and    (2)   Handheld release detection equipment: check devices such as tank gauge sticks or groundwater bailers for operability and serviceability;    c.    Conduct operation and maintenance walkthrough inspections according to a standard code of practice developed by a nationally recognized association or independent testing laboratory that checks equipment comparable to paragraphs 135.4(14)“a” and “b;” orNote to paragraph 135.4(13)“c”: the following code of practice may be used to comply with paragraph 135.4(13)“c”: Petroleum Equipment Institute Recommended Practice RP 900, “Recommended Practices for the Inspection and Maintenance of UST Systems.”    d.    Conduct operation and maintenance walkthrough inspections developed by the department that checks equipment comparable to paragraphs 135.4(14)“a” and “b.”    e.    Owners and operators must maintain records (in accordance with subrule 135.4(5)) of operation and maintenance walkthrough inspections for 12 consecutive months. Records must include a list of each area checked, whether each area checked was acceptable or needed action taken, a description of actions taken to correct an issue, and delivery records if spill prevention equipment is checked less frequently than every 30 days due to infrequent deliveries.

        ITEM 77.    Amend paragraph 135.5(1)"a" as follows:    a.    Owners and operators of new and existing UST systems must provide a method, or combination of methods, of release detection that:    (1)   Can detect a release from any portion of the tank and the connected underground piping that routinely contains product;    (2)   Is installed,and calibrated, operated, and maintained in accordance with the manufacturer’s instructions, including routine maintenance and service checks for operability or running condition; and    (3)   Beginning October 13, 2021, is operated and maintained, and electronic and mechanical components are tested for proper operation, in accordance with one of the following:    1.   Manufacturer’s instructions;    2.   A code of practice developed by a nationally recognized association or independent testing laboratory; or    3.   Requirements determined by the department to be no less protective of human health and the environment than the two options listed above.    (4)   A test of the proper operation must be performed at least annually and, at a minimum, as applicable to the facility, cover the following components and criteria:    1.   Automatic tank gauge and other controllers: test alarm; verify system configuration; test battery backup;    2.   Probes and sensors: inspect for residual buildup; ensure floats move freely; ensure shaft is not damaged; ensure cables are free of kinks and breaks; test alarm operability or running condition and communication with controller;    3.   Automatic line leak detector: test operation to meet criteria in paragraph 135.5(5)“a” by simulating a leak;    4.   Vacuum pumps and pressure gauges: ensure proper communication with sensors and controller; and    5.   Handheld electronic sampling equipment associated with groundwater and vapor monitoring: ensure proper operation.Note regarding subparagraphs 135.5(1)“a”(3) and (4): The following code of practice may be used to comply with subparagraphs 135.5(1)“a”(3) and (4): Petroleum Equipment Institute Publication RP1200, “Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities.”    (3)   (5)   Meets the performance requirements insubrule135.5(4) or 135.5(5), with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, methods conducted in accordance withparagraphs 135.5(4)“b,” “c,” and “d” and 135.5(5)“b” after December 22, 1990, and 135.5(5)“a” after September 22, 1991, except for methods permanently installed prior to those dates,paragraphs 135.5(5)“a” and “b” must be capable of detecting the leak rate or quantity specified for that method with a probability of detection of 0.95 and a probability of false alarm of 0.05.

        ITEM 78.    Amend paragraph 135.5(1)"b" as follows:    b.    When a release detection method operated in accordance with the performance standards insubrule 135.5(4)andor 135.5(5) indicates a release may have occurred, owners and operators must notify the department in accordance with rule 567—135.6(455B).

        ITEM 79.    Rescind paragraph 135.5(1)"c" and adopt the following new paragraph in lieu thereof:    c.    When an owner and operator continually show the inability to conduct leak detection with the method being used, the department may require the owner and operator to find an alternative leak detection method. If the owner and operator cannot demonstrate compliance with leak detection, delivery prohibition in accordance with subrule 135.3(8) may be enforced.

        ITEM 80.    Amend paragraph 135.5(1)"d" as follows:    d.    Any existing UST system that cannot apply a method of release detection that complies with the requirements of this rule must complete the closure procedures in rule 567—135.15(455B)by the date on which release detection is required for that UST system under paragraph “c.”. For previously deferred UST systems described in rule 567—135.1(455B) and 567—135.21(455B), this requirement applies after the effective dates described in subrule 135.1(3) and paragraph 135.21(1)“a.”

        ITEM 81.    Amend paragraph 135.5(2)"a" as follows:    a.    Tanks.Tanks must be monitored at least every 30 days for releases using one of the methods listed inparagraphs 135.5(4)“d” to “h”“i” except that:    (1)   UST systems that meet the performance standards in 135.3(1) or 135.3(2), and the monthly inventory control requirements in 135.5(4)“a” or “b,” may use tank tightness testing (conducted in accordance with 135.5(4)“c”) at least every five years until December 22, 1998, or until ten years after the tank is installed or upgraded under 135.3(2)“b,” whichever is later;Tanks installed after November 28, 2007, must use interstitial monitoring of the secondary containment as the primary leak detection method in accordance with paragraph 135.5(4)“g.”    (2)   UST systems that do not meet the performance standards in 135.3(1) or 135.3(2) may use monthly inventory controls (conducted in accordance with 135.5(4)“a” or “b”) and annual tank tightness testing (conducted in accordance with 135.5(4)“c”) until December 22, 1998, when the tank must be upgraded under 135.3(2) or permanently closed under 135.15(2); and     (3)   (2)   Tanksinstalled on or before November 28, 2007, with capacity of 550 gallons or less may use weeklyand tanks with a capacity of 551 to 1,000 gallons that meet the tank diameter criteria in paragraph 135.5(4)“b” may use manual tank gauging (conducted in accordance withparagraph 135.5(4)“b”).

        ITEM 82.    Amend paragraph 135.5(2)"b" as follows:    b.    Piping.Underground piping that routinely contains regulated substances must be monitored for releases in a manner that meets one of the following requirements:    (1)   Pressurized piping. Underground piping that conveys regulated substances under pressure must:
    1. Be equipped with an automatic line leak detector conducted in accordance withparagraph 135.5(5)“a”; and
    2. Have an annual line tightness test conducted in accordance withparagraph 135.5(5)“b” or have monthly monitoring conducted in accordance withparagraph 135.5(5)“c.”Piping installed after November 28, 2007, must use interstitial monitoring of the piping secondary containment in accordance with paragraph 135.5(5)“d.”
        (2)   Suction piping. Underground piping that conveys regulated substances under suction must either have a line tightness test conducted at least every three years and in accordance withparagraph135.5(5)“b,” or use a monthly monitoring method conducted in accordance withparagraph135.5(5)“c.”Remote fill is considered suction piping. No release detection is required for suction piping that is designed and constructed to meet the following standards:
    1. The below-grade piping operates at less than atmospheric pressure;
    2. The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;
    3. Only one check valve is included in each suction line;
    4. The check valve is located directly below and as close as practical to the suction pump; and
    5. A method is provided that allows compliance with “2” through “4” to be readily determined.
        (3)   Piping installed or replaced must meet one of the following:    1.   Pressurized piping must be monitored for releases at least every 30 days in accordance with paragraph 135.5(5)“d” and be equipped with an automatic line leak detector.    2.   Suction piping must be monitored for releases at least every 30 days. No release detection is required for suction piping that meets subparagraphs 135.5“b”(2)“1” through 135.5“b”(2)“5.”

        ITEM 83.    Rescind subrule 135.5(3) and adopt the following new subrule in lieu thereof:    135.5(3) Requirements for hazardous substance UST systems.  Owners and operators of hazardous substance UST systems must have containment that meets the following requirements and monitor these systems pursuant to paragraph 135.5(4)“g” at least every 30 days:    a.    Secondary containment systems must be designed, constructed and installed to:    (1)   Contain regulated substances leaked from the primary containment until they are detected and removed;    (2)   Prevent the release of regulated substances to the environment at any time during the operational life of the UST system; and    (3)   Be checked for evidence of a release at least every 30 days.    b.    Double-walled tanks must be designed, constructed, and installed to:    (1)   Contain a leak from any portion of the inner tank within the outer wall; and    (2)   Detect the failure of the inner wall.    c.    External liners (including vaults) must be designed, constructed, and installed to:    (1)   Contain 100 percent of the capacity of the largest tank within its boundary;    (2)   Prevent the interference of precipitation or groundwater intrusion with the ability to contain or detect a release of regulated substances; and    (3)   Surround the tank completely (i.e., it is capable of preventing lateral as well as vertical migration of regulated substances).    d.    Underground piping must be equipped with secondary containment that satisfies the requirements of this subrule (e.g., trench liners, jacketing of double-walled pipe). In addition, underground piping that conveys regulated substances under pressure must be equipped with an automatic line leak detector in accordance with paragraph 135.5(5)“a”;    e.    For hazardous substance UST systems installed on or before November 28, 2007, other methods of release detection may be used if owners and operators:    (1)   Demonstrate to the department that an alternate method can detect a release of the stored substance as effectively as any of the methods allowed in paragraphs 135.5(4)“b” to “i” can detect a release;    (2)   Provide information to the department on effective corrective action technologies, health risks, and chemical and physical properties of the stored substance, and the characteristics of the UST site; and    (3)   Obtain approval from the department to use the alternate release detection method before the installation and operation of the new UST system.

        ITEM 84.    Amend paragraph 135.5(4)"a" as follows:    a.    Inventory control.Product inventory control (or another test of equivalent performance) must be conducted monthly to detect a release of at least 1.0 percent of flow-through plus 130 gallons on a monthly basis in the following manner:    (1)   Inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank are recorded each operating day;    (2)   The equipment used is capable of measuring the level of product over the full range of the tank’s height to the nearest 1/8 of an inch;    (3)   The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery;    (4)   Deliveries are made through a drop tube that extends to within 1 foot of the tank bottom;    (5)   Product dispensing is metered and recorded within the local standards for meter calibration or an accuracy of 6 cubic inches for every 5 gallons of product withdrawn; and    (6)   The measurement of any water level in the bottom of the tank is made to the nearest 1/8 of an inch at least once a month.Note: Practices described in the American Petroleum Institute PublicationRecommended Practice 1621, “Recommended Practice for Bulk Liquid Stock Control at Retail Outlets,” may be used, where applicable, as guidance in meeting the requirements of subrule 135.5(4), paragraph “a,” subparagraphs (1) to (6)135.5(4)“a”(1) to 135.5(4)“a”(6).

        ITEM 85.    Rescind paragraph 135.5(4)"b" and adopt the following new paragraph in lieu thereof:    b.    Manual tank gauging.Manual tank gauging must meet the following requirements:    (1)   Tank liquid level measurements are taken at the beginning and end of the test period during which no liquid is added to or removed from the tank;    (2)   Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period;    (3)   The equipment is capable of measuring the level of product over the full range of the tank’s height to the nearest 1/8 of an inch;    (4)   A release is suspected and subject to the requirements of rule 567—135.6(455B) if the variation between the beginning and ending measurements exceeds the weekly or monthly standards in the following table. Immediately contact the department if these standards are exceeded.Nominal Tank CapacityMinimum Duration of TestWeekly Standard (one test)Monthly Standard (four-test average)550 gallons or less36 hours10 gallons5 gallons551-1,000 gallons (when tank diameter is 64 inches)44 hours9 gallons4 gallons551-1,000 gallons (when tank diameter is 48 inches)58 hours12 gallons6 gallons551-1,000 gallons (also requires annual tank tightness testing)36 hours13 gallons7 gallons1,001-2,000 gallons (also requires annual tank tightness test)36 hours26 gallons13 gallons    (5)   Only those tanks of 550 gallons or less nominal capacity or tanks of 551 to 1,000 gallons nominal capacity with diameters of 64 inches or 48 inches may use this as the sole method of release detection. Other tanks of 551 to 2,000 gallons may use this method in place of inventory control in paragraph 135.5(4)“a.” Tanks of greater than 2,000 gallons nominal capacity may not use this method to meet the requirements of this rule.

        ITEM 86.    Amend paragraph 135.5(4)"c" as follows:    c.    Tank tightness testing.Tank tightness testing (or another test of equivalent performance) must be capable of detecting a 0.1 gallon-per-hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.The tank tightness test procedure must be certified by a third party and meet US EPA testing procedures. The testing procedures are found in Standard Test Procedures for Evaluating Leak Detection Methods: Volumetric Tank Tightness Testing Methods (EPA /530/UST-90/004) March 1990 or as revised by EPA or Non Volumetric Tank Tightness Testing Methods (EPA /530/UST-90/005) March 1990 or as revised by EPA.

        ITEM 87.    Amend paragraph 135.5(4)"d" as follows:    d.    Automatic tank gauging.Equipment for automatic tank gauging that tests for the loss of product and conducts inventory control must meet the following requirements:    (1)   The automatic product level monitor test can detect a 0.2 gallon-per-hour leak rate from any portion of the tank that routinely contains product; and    (2)   The automatic tank gauging equipment must meet the Inventory control (or anotherother test of equivalent performance) is conducted in accordance with the requirements ofparagraph 135.5(4)“a.;    (3)   The leak test must be performed according to manufacturer specifications;    (4)   The automatic tank gauging equipment must be certified by a third party and meet US EPA testing procedures in Standard Test Procedures for Evaluating Leak Detection Methods: Automatic Tank Gauging Systems (ATGS) (EPA /530/UST-90/006) March 1990 or as revised by US EPA; and    (5)   The test must be performed with the system operating in one of the following modes:    1.   In-tank static testing conducted at least once every 30 days; or    2.   Continuous in-tank leak detection operating on an uninterrupted basis or operating within a process that allows the system to gather incremental measurements to determine the leak status of the tank at least once every 30 days.

        ITEM 88.    Amend subparagraph 135.5(4)"e" as follows:    (6)   In the UST excavation zone, the site is assessed to ensure compliance with the requirements insubparagraphs 135.5(4)“e”(1) tothrough (4) and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product; and

        ITEM 89.    Amend subparagraph 135.5(4)"e" as follows:    (7)   Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.; and

        ITEM 90.    Adopt the following new subparagraph 135.5(4)"e":    (8)   The vapor product detector must be certified by a third party and meet US EPA testing procedures in Standard Test Procedures for Evaluating Leak Detection Methods: Vapor-Phase Out-of-Tank Product Detectors (EPA/530/UST-90/008) March 1990 or as revised by US EPA.

        ITEM 91.    Amend subparagraph 135.5(4)"f" as follows:    (7)   Within and immediately below the UST system excavation zone, the site is assessed to ensure compliance with the requirements insubparagraphs 135.5(4)“f”(1) tothrough (5) and to establish the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains product; and

        ITEM 92.    Amend paragraph 135.5(4)"g" as follows:    g.    Interstitial monitoring.Interstitial monitoring between the UST system and a secondary barrier immediately around or beneath it may be used, but only if the system is designed, constructed and installed to detect a leak from any portion of the tank that routinely contains product and also meets one of the following requirements:    (1)   For secondary containment systems, the sampling or testing method must be able to detect a releaseleak through the inner wall in any portion of the tank that routinely contains product:
    1. Continuously, by means of an automatic leak sensing device that signals to the operator the presence of any regulated substance in the interstitial space; or
    2. Monthly, by means of a procedure capable of detecting the presence of any regulated substance in the interstitial space.
    3. The interstitial space shall be maintained and kept free of liquid, debris or anything that could interfere with leak detection capabilities.
    Note: The provisions outlined in the Steel Tank Institute’s “Standard for Dual Wall Underground Storage Tanks” may be used as guidance for aspects of the design and construction of underground steel double-walled tanks.
        (2)   For UST systems with a secondary barrier within the excavation zone, the sampling or testing method used can detect a releaseleak between the UST system and the secondary barrier:
    1. The secondary barrier around or beneath the UST system consists of artificially constructed material that is sufficiently thick and impermeable (at least 10-6 cm/sec for the regulated substance stored) to direct a releaseleak to the monitoring point and permit its detection;
    2. The barrier is compatible with the regulated substance stored so that a releaseleak from the UST system will not cause a deterioration of the barrier allowing a release to pass through undetected;
    3. For cathodically protected tanks, the secondary barrier must be installed so that it does not interfere with the proper operation of the cathodic protection system;
    4. The groundwater, soil moisture, or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 30 days;
    5. The site is assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year flood plain, unless the barrier and monitoring designs are for use under such conditions; and
    6. Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.
        (3)   For tanks with an internally fitted liner, an automated device can detect a releaseleak between the inner wall of the tank and the liner, and the liner is compatible with the substance stored.

        ITEM 93.    Reletter paragraph 135.5(4)"h" as 135.5(4)"i".

        ITEM 94.    Adopt the following new paragraph 135.5(4)"h":    h.    Statistical inventory reconciliation.Release detection methods based on the application of statistical principles to inventory data that test for the loss of product must meet the following requirements:    (1)   Use a leak threshold that does not exceed one-half the minimum detectible leak rate;    (2)   The statistical test must be able to detect at least a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product; and    (3)   The report by the SIR company must be a quantitative result with a calculated leak rate and include the leak threshold (leak rate at which a leak is declared), the calculated leak rate (leak rate calculated from the inventory records) and minimum detectable leak rate (minimum leak rate that can be determined from the inventory records).    1.   A “pass” means that the calculated leak rate for the data set is less than the leak threshold and the minimum detectable leak rate is less than or equal to the certified performance standard;    2.   A “fail” means the calculated leak rate for the data set is equal to or greater than the leak threshold;    3.   An “inconclusive” means the minimum detectable leak rate exceeds the certified performance standard and the calculated leak rate is less than the leak threshold. If for any other reason the test result is not a “pass” or “fail,” the result is “inconclusive”;    (4)   Owners and operators must notify the department in accordance with rule 567—135.6(455B) when a monthly SIR report of “fail” occurs or two consecutive inconclusive results occur.    (5)   Owners and operators must assure the SIR analytical results are complete and available to the department upon request.    (6)   The statistical inventory reconciliation method must be certified by a third party and meet US EPA testing procedures in Standard Test Procedures for Evaluating Leak Detection Methods: Statistical Inventory Reconciliation Methods (SIR) (EPA/530/UST-90/007) March 1990.

        ITEM 95.    Amend paragraphs 135.5(5)"a" to 135.5(5)"c" as follows:    a.    Automatic line leak detectors.Methods which alert the operator to the presence of a leakin pressurized piping by restricting or shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of 3 gallons per hour at 10 pounds per square inch line pressure within one hour. An annual test of the operation of the leak detector must be conducted in accordance with the manufacturer’s requirements.paragraph 135.5(1)“a.”    b.    Line tightness testing.A periodic test of piping may be conducted only if it can detect a 0.1 gallon-per-hour leak rate at one and one-half times the operating pressure.The line leak detection method must be certified by a third party and meet US EPA testing procedures in Standard Test Procedures for Evaluating Leak Detection Methods: Pipeline Leak Detection Methods (SIR) (EPA /530/UST-90/007) March 1990.    c.    Applicable tank methods.AnyExcept as described in paragraph 135.5(2)“a,” any of the methods inparagraphs 135.5(4)“e” through “h”“i” may be used if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances.

        ITEM 96.    Amend subparagraph 135.5(5)"d" as follows:    (1)   Leak detection shall be conducted:
    1. ContinouslyContinuously, by means of an automatic leak sensing device that signals to the operator the presence of any regulated substance in the interstitial space or containment sump; or
    2. Monthly, by means of a procedure capable of detecting the presence of any regulated substance in the interstitial space or containment sump, such as visual inspection.

        ITEM 97.    Amend paragraphs 135.5(6)"a" and 135.5(6)"b" as follows:    a.    All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, must be maintained for five years, or for another reasonable period of time determined by the department, from the date of installation. Records of site assessments required for vapor monitoring under subparagraph 135.5(4)“e”(6) and groundwater monitoring under subparagraph 135.5(4)“f”(7) must be maintained for as long as the methods are used. Records of site assessments must be signed by a professional engineer or professional geologist, or equivalent licensed professional with experience in environmental engineering, hydrogeology, or other relevant technical discipline acceptable to the department;    b.    The results of any sampling, testing, or monitoring must be maintained for at least one year, or for another reasonable period of time determined by the department, except that the results of tank tightness testing conducted in accordance with 135.5(4)“c” must be retained until the next test is conducted; andas follows:    (1)   The results of tank tightness testing conducted in accordance with paragraph 135.5(4)“c” must be retained until the next test is conducted; and    (2)   The results of annual operation tests conducted in accordance with subparagraphs 135.5(1)“a”(3) and (4), must be maintained for three years. At a minimum, the results must list each component tested, indicate whether each component tested meets criteria in subparagraphs 135.5(1)“a”(3) and (4), or needs to have action taken, and describe any action taken to correct an issue; and    (3)   The results of tank tightness testing, line tightness testing, and vapor monitoring using a tracer compound placed in the tank system conducted in accordance with paragraph 135.21(2)“f” must be retained until the next test is conducted; and

        ITEM 98.    Amend paragraphs 135.6(1)"b" and 135.6(1)"c" as follows:    b.    Unusual operating conditions observed by owners and operators (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, or an unexplained presence of water in the tank, or liquid in the interstitial space of secondarily contained systems), unless system equipment is found to be defective but not leaking, and is immediately repaired or replaced; and:    (1)   The system equipment or component is found not to be releasing regulated substances to the environment;    (2)   Any defective system equipment or component is immediately repaired or replaced; and    (3)   For secondarily contained systems, except as provided for in paragraph 135.5(4)“g”(2)“4,” any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed.    c.    Monitoring results, including investigation of an alarm, from a release detection method required undersubrules 135.5(2) and 135.5(3) that indicate a release may have occurred unless:    (1)   The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result; or    (2)   The leak is contained in the secondary containment and:    1.   Except as provided for in paragraph 135.5(4)“g”(2)“4,” any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed; and    2.   Any defective system equipment or component is immediately repaired or replaced;    (2)   (3)   In the case of inventory control, a second month of data does not confirm the initial result.or the investigation determines no release has occurred; or    (4)   The alarm was investigated and determined to be a non-release event (for example, from a power surge or caused by filling the tank during release detection testing).

        ITEM 99.    Amend paragraph 135.6(3)"a" as follows:    a.    System test. Owners and operators must conduct tests (according to the requirements for tightness testing inparagraphs 135.5(4)“c” and 135.5(5)“b”) that determine whether a leak exists in that portion of the tank that routinely contains product, or the attached delivery piping or bothor, as appropriate, secondary containment testing described in paragraph 135.4(4).    (1)   The test must determine whether:    1.   A leak exists in that portion of the tank that routinely contains product, or the attached delivery piping; or    2.   A breach of either wall of the secondary containment has occurred.    (1)   (2)   OwnersIf the system test confirms a leak into the interstice or a release, owners and operators must repair, replace,or upgrade, or close the UST system and. In addition, owners and operators must begin corrective action in accordance with rule 567—135.9(455B) if the test results for the system, tank, or delivery piping indicate a leakrelease exists.    (2)   (3)   Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate a leakrelease exists and if environmental contamination is not the basis for suspecting a release.    (3)   (4)   Owners and operators must conduct a site check as described in paragraph 135.6(3)“b” of this subrule if the test results for the system, tank, and delivery piping do not indicate a leakrelease exists but environmental contamination is the basis for suspecting a release.

        ITEM 100.    Amend subparagraph 135.6(4)"a" as follows:    (2)   Spill, overfill or any aboveground release of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under CERCLA (40 CFR 302) as of September 13, 1988.

        ITEM 101.    Amend subrule 135.7(3), introductory paragraph, as follows:    135.7(3) Initial abatement measures and site check.  

        ITEM 102.    Amend subrule 135.7(5), introductory paragraph, as follows:    135.7(5) Free product assessment and removal.  The free product assessment and removal requirements in this chapter are primarily concerned with a regulated substance that is present as a light nonaqueous phase liquid (LNAPL) in a monitoring well, boring, excavation, or other location at a thickness of more than 0.01 ft.At sites where investigations undersubparagraph 135.7(3)“a”(6) indicate 0.01 ft. or more of free product, owners and operators must immediately initiate a free product recovery assessment and submit a report in accordance with paragraph135.7(5)“d” and initiate interim free product removal while continuing, as necessary, any actions initiated under 135.7(2) to 135.7(4)and 135.7(3), or preparing for actions required underrules 567—135.8(455B) to 567—135.12(455B). Owners and operators must immediately begin interim free product removal by bailing or by installation and maintenance of passive skimming equipment until an alternative removal method is required by or approved by the department. A certified groundwater professional must initially determine the frequency of bailing and proper installation and maintenance of the skimming equipment based on a determination of the recharge rate of the free product. The department may approve implementation of this interim removal process by persons not certified as groundwater professionals. For approval a certified groundwater professional must submit (1) sufficient documentation establishing that the bailing or skimming system has been adequately designed and tested, and (2) a written plan for regular maintenance, reporting and supervision by a certified groundwater professional. Interim free product recovery reports must be submitted to the department on a monthly basis and on forms provided by the department. In meeting the requirements of this subrule, owners and operators must:

        ITEM 103.    Amend subparagraphs 135.7(5)"d" and 135.7(5)"d" as follows:    (9)   Free product plume definition and map. The extent of free product in groundwater must be assessed. TheIf monitoring wells are used to define the free product plume, the number and location of wells and separation distance between the wells used to define the free product plume must be based on the receptors present and the site hydrology and geology. A minimum of five monitoring wells are required to construct the plume map.The boundary of the plume may be determined by half the distance between wells with free product and wells with no free product. If the groundwater professional can adequately define the plume using other technology as specified inapproved by the departmentguidance, fewer than five wells may be used. The boundary of the plume may be determined by linear interpolation consistent with the methods described in 135.10(2)“f”(3)to define the boundary of the plume; and    (10)   The estimated volume of free product present, how the volume was calculated, recoverable volume and estimated recovery time.; and

        ITEM 104.    Adopt the following new subparagraph 135.7(5)"d":    (11)   Identification of all water lines, regardless of construction material, within the area of free product. A water line shall be considered within the area of free product if it is located within the boundary of the free product plume as defined by wells unless it can be demonstrated that no LNAPL exists within 10 feet (horizontally or vertically) of the water line and the LNAPL is not migrating nor is likely to migrate. Water lines within the area of free product must be relocated unless there is no other option and the department has approved an alternate plan of construction. See paragraph 135.12(3)“c.”

        ITEM 105.    Amend paragraph 135.7(5)"f" as follows:    f.    Termination of free product recovery activities. Owners and operators may propose to the department to terminate free product recovery activities when significant amounts of hydrocarbons are not being recovered. The department will consider proposals to terminate free product recovery when the amount of product collected from a monitoring well is equal to or less than 0.1 gallon each month for a year unless another plan is approved by the department. When free product activities have been terminated, owners and operators must inspect the monitoring wells monthly for at least a yearunless another schedule is approved by the department. The department must be notified andmay require that free product recovery activitiesbe reinitiated if during the monthly well inspections it is determined the product thickness in a monitoring well exceeds 0.02 footft. The monthly well inspection records must be kept available for review by the department.

        ITEM 106.    Amend paragraph 135.8(1)"a" as follows:    a.    Tier 1.The purpose of a Tier 1 assessment is to identify sites which do not posewhether a site poses an unreasonable risk to public health and safety or the environment based on limited site data. The objective is to determine maximum concentrations of chemicals of concern at the source of a release(s) in soil and groundwater. The Tier 1 assessment assumes worst-case scenarios in which actual or potential receptors could be exposed to these chemicals at maximum concentrations through certain soil and groundwater pathways. The point of exposure is assumed to be the source showing maximum concentrations. Risk-based screening levels (Tier 1 levels) contained in the Tier 1 Look-Up Table have been derived from models which use conservative assumptions to predict exposure to actual and potential receptors. (These models and default assumptions are contained in Appendix A.) If Tier 1 levels are not exceeded for a pathway, that pathway may not require further assessment. If the maximum concentrations exceed a Tier 1 level, the options are to conduct a more extensive Tier 2 assessment, apply an institutional control, or in limited circumstances excavate contaminated soil to below Tier 1 levels. If all pathways clear the Tier 1 levels, it is possible for the site to obtain a no action required classification.

        ITEM 107.    Amend subrule 135.8(3) as follows:    135.8(3) Chemicals of concern.  Soil and groundwater samples from releases of petroleum regulated substances must always be analyzed for the presence of benzene, ethylbenzene, toluene, and xylenes. In addition, if the release is suspected to include any petroleum regulated substance other than gasoline or gasoline blends, or if the source of the release is unknown, the samples must be tested for the presence of Total Extractable Hydrocarbons (TEH). Appendices A and B and department Tier 2 guidance define a method for converting TEH values to a default concentration for naphthalene, benzo(a)pyrene, benz(a)anthracene and chrysene and conversion back to a representative TEH value. These default values must be used in order to apply Tier 2 modeling to these constituents in the absence of accurate laboratory analysis. At Tier 2 and Tier 3, owners and operators have the option of analyzing for these specific constituents and applying them to the specific target levels in Appendices A and B instead of using the TEH conversion method if an approved laboratory and laboratory technique are used.

        ITEM 108.    Amend subrule 135.9(1), introductory paragraph, as follows:    135.9(1) General.  The main objective of a Tier 1 site assessment is to reasonably determine the highest concentrations of chemicals of concern which would be associated with any suspected or confirmed release and an accurate identification of applicable receptors. In addition, theThe potential source of a release, nature of the substance released, site stratigraphy, depth to groundwater, and other appropriate factors must be considered when selecting the sample types, sample locations, and measurements methods. The placement and depth of borings and the construction of monitoring wells must be sufficient to determine the sources of all releases, the vertical extent of contamination, an accurate description of site stratigraphy, and a reliable determination of groundwater flow direction.

        ITEM 109.    Amend paragraphs 135.9(1)"b" and 135.9(1)"c" as follows:    b.    Pathway clearance.If field datacontaminant concentrations for an individual pathway doesdo not exceed the applicable Tier 1 levels or if a pathway is incomplete, no further action is required to evaluate the pathway unless otherwise specified in these rules. If the field datacontaminant concentrations for a pathway exceedsexceed the applicable Tier 1 level(s) in the “Iowa Tier 1 Look-up Table,” the response is to conduct further assessment under Tier 2 or Tier 3 unless an effective institutional control is approved. In limited circumstances excavation of contaminated soils may be used as an option to obtain pathway clearance. If further site assessment indicates site data exceeds an applicable Tier 1 level(s) for a previously cleared pathway or the conditions justifying a determination of pathway incompleteness change, that pathway must be reevaluated as part of a Tier 2 or Tier 3 assessment.    c.    Chemical group clearance.If field dataconcentrations for all chemicals of concern within a designated group of chemicals isare below the Tier 1 levels, no further action is required as to the group of chemicals unless otherwise specified in these rules. Group one consists of benzene, ethylbenzene, toluene, and xylenes (BTEX). Group two consists of naphthalene, benzo(a)pyrene, benz(a)anthracene and chrysene; TEH default values are incorporated into the Iowa Tier 1 Look-Up Table and Appendix A for group two chemicals.

        ITEM 110.    Amend paragraph 135.9(3)"n" as follows:    n.    A Tier 1 site assessment in accordance with the department’s Tier 1 guidance. The Tier 1 report shall be submitted on forms and in a format prescribed by this guidance. The Tier 1 data analysis shall be performed by using computer software developed by the department or by using the computer software’s hard-copy version.

        ITEM 111.    Amend paragraph 135.9(7)"e" as follows:    e.    Soil gas samples.To establish that the soil gas measurement is representative of the highest expected levels, a groundwater professional must obtain two soil gas samples taken at least two weeks apart. One of the samples must be taken below the typical frostline depth during a seasonal period of lowest groundwater elevationOne of the samples should be collected beneath the frost line depth during a seasonal period of lowest groundwater elevation.

        ITEM 112.    Amend paragraph 135.9(7)"h" as follows:    h.    Soil excavation.Excavation of contaminated soils for the purpose of removing soils contaminated above the Tier 1 levels is permissible as an alternative to conducting a Tier 2 assessment. Adequate field screening methods must be used to identify maximum concentrations during excavation. At a minimum, one soil sample must be taken for field screening every 100 square feet of the base and each sidewall. Soil samples must be taken for laboratory analysis at least every 400 square feet of the base and each sidewall of the excavated area to confirm that remaining concentrations are below Tier 1 levels. If thebase or a sidewall of the excavation is less than 400 square feet, a minimum of one sample must be analyzed for each sidewall and the base.

        ITEM 113.    Rescind and reserve paragraph 135.9(11)"g".

        ITEM 114.    Amend paragraph 135.10(1)"a" as follows:    a.    Guidance.The Tier 2 site assessment shall be conducted in accordance with the department’s “Tier 2 Site Assessment Guidance” and these rules. The site cleanup report shall be submitted on forms and in a format prescribed by this guidance. The Tier 2 data analysis shall be performed by using computer softwareor online application developed by the department or by using the computer software’s hard-copy version.

        ITEM 115.    Rescind subparagraph 135.10(2)"f".

        ITEM 116.    Amend paragraphs 135.10(2)"g" and 135.10(2)"h" as follows:    g.    Modeled simulation line.The simulation line represents the predicted maximum extent of groundwater contamination and distribution of contaminant concentrations between the source(s) and actual or potential receptor locations. The model calculates the simulation line using maximum concentrations at the source(s) and predicting the amount of dispersion and degradation. Modeled data in the simulation line are compared with actual field datacontaminant concentrations to verify the predictive validity of the model and to make risk classification decisions.    h.    Modeled site-specific target level (SSTL) line.The modeled SSTL line represents acceptable levels of contaminant concentrations at points between and including the source(s) and an applicable point(s) of exposure or other point(s) of compliance (ex. a potential receptor point of exposure). The SSTL line is calculated by assuming an applicable target level concentration at the point(s) of exposure or point(s) of compliance and modeling back to the source to determine the maximum concentrations at the source (SSTL) that must be achieved to meet the target level at the point of exposure or compliance. Comparison of field datacontaminant concentrations from actual samples to this SSTL line is used to determine a risk classification and determine appropriate corrective action response.

        ITEM 117.    Rescind paragraph 135.10(2)"m".

        ITEM 118.    Amend subparagraphs 135.10(3)"a" and 135.10(3)"a" as follows:    (2)   Granular bedrock. Granular bedrock is bedrock which is determined to act as a granular aquifer and for which monitoring wells do not exist at the source as of August 15, 1996. For purposes of this rule, a granular aquifer is one that shows no extraordinary variations or inconsistencies in groundwater elevations across the site, groundwater flow, hydraulic conductivities, or total dissolved solid concentrations among monitoring wells. Although the extent of contamination can be defined in granular bedrock, groundwater transport modeling cannot be used because there are no monitoring wellsshall not be installed at the sourceif soil contamination is present. If soil contamination above a Tier 1 level is not identified or an overexcavation of contaminated soil has successfully removed all soil contamination greater than a Tier 1 level, then monitoring wells can be installed in the source area and the site can be evaluated as exempt granular bedrock.    (3)   Exempt granular bedrock. Exempt granular bedrock is bedrock which is determined to act as a granular aquifer as provided in subparagraph (2) and for which monitoring wells exist at the source as of August 15, 1996. Sites in exempt granular bedrock shall be evaluated using the normalregular Tier 1 orand Tier 2 procedures in this rule. Nongranular bedrock is not exempt from this subrule even if groundwater monitoring wells exist at the source.Note: Nongranular bedrock is subject to special bedrock assessment procedures even if groundwater monitoring wells exist at the source, because the flow is not predictable by the Tier 2 model.

        ITEM 119.    Amend paragraph 135.10(3)"b" as follows:    b.    Exempt soil pathways.The soil vapor to enclosed space pathway and the soil to plastic water lines pathway shall be assessed under the normalregular Tier 2 procedures in subrules 135.10(7) and 135.10(9) respectively. In all cases, the normal assessment must comply with the policy of avoiding a preferential pathway to groundwater consistent withsubrule 135.8(5) and this subrule.

        ITEM 120.    Amend subparagraph 135.10(3)"g" as follows:    (2)   Groundwater well receptor evaluation for granular and nongranular bedrock designations. All drinking and non-drinking water wells within 1,000 feet of the source must be identified and tested for chemicals of concern. All public water supply systems within one mile of the source must be identified and raw water tested for chemicals of concern. If no drinking water wells are located within 1,000 feet of the source, all theAll area within 1,000 feetof the source is considered a potential receptor point of exposure.

        ITEM 121.    Amend subparagraph 135.10(3)"i" as follows:    (2)   High risk classification. A site designated as granular or nongranular bedrock shall be classified high risk for this pathway if the highest groundwater elevation is higher thanwithin three feet belowof the bottom of a water line as provided insubparagraph 135.10(8)“a”(1), risk classification cannot be determined as provided inrule 567—135.12(455B) due to limitations on placement of monitoring wells, and water lines exist within 200 feet of a monitoring well which exceeds the Tier 1 level.

        ITEM 122.    Amend subparagraph 135.10(3)"j" as follows:    (1)   Point of compliance. The monitoring well closest to the surface water body must be used as the point of compliance to evaluate impacts to designated use segments as described insubrule 135.10(10) and for general use segments that fail the visual inspection criteria ofparagraph 135.10(10)“b.” If the surface water criteria isare exceeded for a designated use segment, an allowable discharge concentration must be calculated and met at the point of compliance. For general use segments failing the visual inspection criteria, the acutely toxic target level must be met at the point of compliance.

        ITEM 123.    Amend subparagraphs 135.10(3)"k" and 135.10(3)"k" as follows:    (1)   Groundwater ingestion pathway. For high risk sites, where soil exceeds the soil leaching to groundwater Tier 1 level for actual receptors, soil excavation or other active remediation of soils must be conducted in accordance with department guidance to reduce soil concentrationsto below the soil leaching Tier 1 level. Corrective action other than monitoring of groundwater is required at sites designated as nongranular bedrock if the actual receptor has been or is likely to be impacted. Corrective action other than monitoring of groundwater is required at sites designated as granular bedrock if the actual receptor has been impacted or the sentry well required bysubparagraph 135.10(3)“g”(4) has been impacted above Tier 1 levels. Acceptable corrective action for impacted or vulnerable groundwater wells may include active remediation, technological controls, institutional controls, well plugging, relocation, and well reinstallation with construction measures sufficient to prevent contaminant infiltration to the well and to prevent formation of a preferential pathway.    (2)   Groundwater ingestion pathway high risk monitoring. For high risk sites designated as nongranular or granular bedrock, if the soil concentrations do not exceed the soil leaching to groundwater Tier 1 levels or have been reduced to this level by corrective action, and corrective action of groundwater is not required as in subparagraph 135.10(3)“k”(1), these sites shall be subject to groundwater monitoring as provided in paragraph 135.10(3)“l.” Corrective action other than monitoring of groundwater is required at sites designated as granular bedrock if groundwater concentrations exceed the applicable target level less than 200 feet from an actual receptor. Reevaluation of the potential for impact to actual receptors is required at sites designated as nongranular bedrock if concentrations from monitoring wells increasesincrease more than 20 percent of the previous samples.

        ITEM 124.    Amend subparagraphs 135.10(3)"m" and 135.10(3)"m" as follows:    (1)   Groundwater in nongranular bedrock designations. Exit monitoring requires that samples from all groundwater monitoring wells must not exceed the applicable target levels for annual sampling for three consecutive years.If soil contamination above a Tier 1 level is not identified or if an overexcavation has successfully removed all soil contamination greater than a Tier 1 level and monitoring wells are installed in the source area, exit monitoring criteria are met when two consecutive samples collected at least six months apart from all monitoring wells show concentrations less than the lowest target level.    (2)   Groundwater in granular bedrock designations. Exit monitoring must be met in two ways: A monitoring well between the source and the receptor must not exceed applicable target levels for three sampling events, and samples must be separated by at least six months; and the three most recent consecutive groundwater samples from a monitoring well between the source and the receptor with detected levels of contamination must show a steady or declining trend and meet the following criteria: The first of the three samples must be moregreater than detection limits, concentrations cannot increase more than 20 percent from the first of the three samples to the third sample; concentrations cannot increase more than 20 percent offrom the previous sample; and samples must be separated bycollected at least six monthsapart.

        ITEM 125.    Amend paragraph 135.10(4)"j" as follows:    j.    Use of institutional controls.The use of institutionalInstitutional controls may be used to obtain no action required pathway classification. If the pathway is complete and the concentrations exceed the applicable Tier 1 level(s) for actual receptors, the drinking or non-drinking water well must be properly plugged in accordance with 567—Chapters 39 and 49 and the institutional control must prohibit the use of a protected groundwater source (if one exists) within the actual or modeled plume as provided inparagraphs 135.10(2)“j” and 135.10(2)“k.” If the Tier 1 level is exceeded for potential receptors, the institutional control must prohibit the use of a protected groundwater source within the actual or modeled plume, whichever is greater. If concentrations exceed the Tier 1 level for drinking water wells and the groundwater is a protected groundwater source, the owner or operator must provide notification of the site conditions on a department form to the department water supply section, or if a county has delegated authority, then the designated county authority responsible for issuing private water supply construction permits or regulating non-public water well construction as provided in 567—Chapters 38 and 49.

        ITEM 126.    Amend paragraph 135.10(6)"g", introductory paragraph, as follows:    g.    Pathway evaluation and classification.Upon completion of analysisevaluation of field dataanalytical results of appropriate samples and modeled data, the pathway must be classified high risk, low risk or no further action as provided inrule 567—135.12(455B).

        ITEM 127.    Amend paragraph 135.10(8)"d" as follows:    d.    Pathwayevaluation and classification.Upon completion of analysisevaluation of field dataanalytical results of appropriate samples and modeled data, the pathway must be classified high risk, low risk or no further action as provided inrule 567—135.12(455B). The water quality inside the water lines is not a criterion for clearance of this pathway.

        ITEM 128.    Amend paragraph 135.10(9)"d" as follows:    d.    Pathway classification.Upon completion of analysisevaluation of field dataanalytical results of appropriate samples, the pathway must be classified high risk, low risk or no further action as provided inrule 567—135.12(455B). Measurements of water quality inside the water lines may be required, but are not allowed as criteria to clear this pathway.

        ITEM 129.    Amend paragraph 135.10(10)"e" as follows:    e.    Target levels.Determining target levels for this pathway involves a two-step process.    (1)   Groundwater modeling as provided insubrule135.10(2) must be used to calculate the projected concentrations of chemicals of concern at the point of compliance. If the modeled concentrations or field data at the point of compliance exceed surface water criteria for designated use segments, an allowable discharge concentration must be calculated. If the projected concentrations and field dataactual concentrations at the point of compliance do not exceed surface water criteria, no further action is required to assess this pathway.    (2)   The department water quality section will calculate the allowable discharge concentration using information provided by the certified groundwater professional on a department form. Required information includes, at a minimum, the site location and a discharge flow rate calculated according to the department’s Tier 2 guidance. The allowable discharge concentration is the target level which must be met adjacent to the surface water body which is the point of compliance.    (3)   The target level at the point of exposure/compliance for general use segments subject to evaluation is the acutely toxic levels established by the department under 567—Chapter 61 and subrule 567—subrule62.8(2). If the modeled concentrations of field datacontaminant concentrations at the point of exposure/compliance exceed the acutely toxic levels, modeling must be used to determine site classifications and corrective action in accordance withrule 567—135.12(455B).

        ITEM 130.    Amend paragraph 135.10(10)"f" as follows:    f.    Pathwayevaluation and classification.Upon completion of analysis of field dataevaluation of analytical results of appropriate samples and modeled data, the pathway must be classified high risk, low risk or no further action as provided inrule 567—135.12(455B).    (1)   For general use segments, as defined in 567—subrule 61.3(1), if the groundwater professional determines there is no sheen or residue present or if the site is not the source of the sheen or residue or if the sheen does not consist of petroleum-regulated substances, no further action is required for assessment of this pathway. If a petroleum-regulated substance sheen is present, the pathway is high risk and subject to classification in accordance withrule 567—135.12(455B).    (2)   For designated use segments, as provided in 567—subrules 61.3(1) and 61.3(5), if projected concentrations of chemicals of concern and field dataactual contaminant concentrations at the point of compliance do not exceed the target level adjacent to the surface water, and the groundwater professional determines there is no sheen or residue present, no further action is required for assessment of this pathway.

        ITEM 131.    Rescind paragraph 135.10(11)"f".

        ITEM 132.    Reletter paragraphs 135.10(11)"g" and 135.10(11)"h" as 135.10(11)"f" and 135.10(11)"g".

        ITEM 133.    Amend subrule 135.12(1) as follows:    135.12(1) General.  1995 Iowa Code section 455B.474(1)“d”(2) provides that sites shall be classified as high risk, low risk and no action required. Risk classification is accomplished by comparing actual field datacontaminant concentrations to the concentrations that are predicted by the use of models. Field dataConcentrations must be compared to the simulation model which uses the maximum concentrations at a source and predicts at what levels actual or potential receptors could be impacted in the future. Field dataConcentrations must also be compared to the site-specific target level line which assumes a target level concentration at the point of exposure and is used to predict the reduction in concentration that must be achieved at the source in order to meet the applicable target level at the point of exposure. These models not only predict concentrations at points of exposure or a point of compliance at a source but also predict a distribution of concentrations between the source and the point of exposure which may also be points of compliance. The comparison of field datacontaminant concentrations with these distribution curves primarily is considered for purposes of judging whether the modeled data is reasonably predictive and what measures such as monitoring are prudent to determine the reliability of modeled data and actual field datacontaminant concentrations.For the soil vapor to enclosed space and soil to water line pathways, there are no horizontal transport models to use for predicting future impacts. Therefore, for these pathways, sites are classified as high risk, low risk or no action required based on specified criteria below and inrule 567—135.10(455B).

        ITEM 134.    Amend subrule 135.12(2), introductory paragraph, as follows:    135.12(2) High risk classification.  Except as provided below, sites shall be classified as high risk if, for any pathway, any actual field data exceedscontaminant concentrations exceed the site-specific target level line at any point for an actual receptor.

        ITEM 135.    Amend paragraphs 135.12(3)"a" and 135.12(3)"b" as follows:    a.    Objectives. The primary objectives of corrective action in response to a high risk classification are both short- termshort-term and long-term. The short-term goal is to eliminate or reduce the risk of exposure at actual receptors which have been or are imminently threatened with exposure above target levels. The longer term goal is to prevent exposure to actual receptors which are not currently impacted or are not imminently threatened with exposure. To achieve these objectives, it is the intent of these rules that concentrations of applicable chemicals of concern be reduced by active remediation to levels below the site-specific target level line at all points between the source(s) and the point(s) of exposure as well as to undertake such interim corrective action as necessary to eliminate or prevent exposure until concentrations below the SSTL line are achieved. If it is shown that concentrations at all applicable points have been reduced to below the SSTL line, the secondary objective is to establish that the field dataactual chemical concentrations can be reasonably relied upon to predict future conditions at points of exposure rather than reliance on the modeled data. Reliance on field dataactual contaminant concentrations is achieved by establishing through monitoring that concentrations within the contaminant plume are steady or declining. Use of institutional controlInstitutional controls and technological controls may be used to sever pathways or control the risk of receptor impacts.    b.    For the groundwater to water line and soil to water line receptors, these objectives are achieved by active remediation, replacement or relocation ofhigh risk water line receptors from areas within the actual plume plus some added site-specific distance to provide a safety factor to areas outside the site-specific target level line. In areas of free product, all water lines regardless of construction material must be relocated unless there is no other option and the department has approved an alternate plan of constructionin the actual and modeled plume areas. If water lines and gaskets are replaced in an area of contamination, they must be replaced with water line materials and gasket materials of appropriate construction in accordance with current department standards set forth in 567—Chapter 43 and with no less than nitrile or FKM gaskets or as otherwise approved by the department. If a service line is replaced and remains in a contaminated area, a backflow preventer shall be installed to prevent impacts to the larger water distribution system.

        ITEM 136.    Reletter paragraphs 135.12(3)"c" to 135.12(3)"i" as 135.12(3)"d" to 135.12(3)"j".

        ITEM 137.    Adopt the following new paragraph 135.12(3)"c":    c.    In areas of free product, all water lines, regardless of construction material, must be relocated unless there is no other option and the department has approved an alternate plan of construction. Refer to subparagraph 135.7(5)“d”(11). If a service line remains in the area of LNAPL, a backflow preventer shall be installed to prevent impacts to the larger water distribution system.

        ITEM 138.    Amend subrule 135.12(4) as follows:    135.12(4) Low risk classification.  A site shall be classified as low risk if none of the pathways are high risk and if any of the pathways are low risk. A pathway shall be classified low risk if it meets one of the following conditions:    a.    For actual and potential receptors, if the modeled data and the actual field dataconcentrations are less than the site-specific target level line, and any of the field data isactual concentrations are greater than the simulation line.    b.    For potential receptors, if any actual field data exceedsconcentrations exceed the site-specific target level line at any point.    c.    For the soil leaching to groundwater ingestion pathway where modeling predicts that the Tier 1 levels for potential receptors would be exceeded in groundwater at applicable potential receptor points of compliance and the soil concentration exceeds the soil leaching to groundwater site-specific target level but groundwater concentrations are currently below the Tier 1 level for potential receptors, the site shall be initially classified as low risk and subject to monitoring undersubparagraph 135.12(5)“d”(2). If at any time during the three-year monitoring period, groundwater concentrations exceed the Tier 1 level for potential receptors, the site shall be classified as high risk requiring soil remediation in accordance with 135.12(3)“c.”paragraph 135.12(3)“d.”

        ITEM 139.    Amend paragraphs 135.12(6)"b" to 135.12(6)"e" as follows:    b.    For initial classification, groundwater pathways shall be classified as no action required if the field data iscontaminant concentrations are below the site-specific target level line and all field data isconcentrations are at or less than the simulation line, and confirmation monitoring has been completed successfully. Confirmation sampling for groundwater is a second sample which confirms the no action required criteria.    c.    A groundwater pathway shall be reclassified from high risk to no action required if all field data iscontaminant concentrations are below the site-specific target level and if exit monitoring criteria have been met. Exit monitoring criteria means that the three most recent consecutive groundwater samples from all monitoring wells must show a steady or declining trend and the most recent samples are below the site-specific target level. Other criteria include the following: The first of the three samples for the source well and transition well must be more than detection limits; concentrations cannot increase more than 20 percent from the first of the three samples to the third sample; concentrations cannot increase more than 20 percent of the previous sample; and samples must be separated by at least six months.    d.    A low risk site shall be reclassified as “no action required” if field data iscontaminant concentrations are below the site-specific target level and if exit monitoring criteria have been met pursuant toparagraph 135.12(6)“c” or if the site has maintained less than the applicable target level for four consecutive sampling events separated by at least six months as defined in the monitoring plan regardless of exit monitoring criteria and guidance.    e.    Confirmation sampling for soil gas and indoor vapor. For the enclosed space pathways, confirmation sampling is required to reasonably establish that the soil gas and indoor vapor samples represent the highest expected levels. A groundwater professional must obtain two samples taken at least two weeks apart. One of the samples must be taken during a seasonal period of lowest groundwater elevation and soil gas samples must be taken below the frost lineOne of the samples should be collected beneath the frost line depth during a seasonal period of lowest groundwater elevation.

        ITEM 140.    Amend paragraph 135.12(9)"d" as follows:    d.    Review. A CADR submitted by a groundwater professional shall be accepted by the department and shall be primarily relied upon by the department to determine the corrective action response requirements of the site. However, if within 90 days of receipt of a CADR, the department identifies material information in the CADR that is inaccurate or incomplete, and if based upon information in the report the appropriate corrective action response cannot be reasonably determined by the department based on industry standards, the department may reject the report and require modifications. If the department does not reject the report within 90 days of receipt, the report shall be deemed approved as submitted unless changes to the report are requested by the groundwater professional. The department shall work with the groundwater professional and the owner or operator to correct any materially inaccurate information or to obtain the additional information necessary to determine the appropriate corrective action response as soon as practicable. However, from July 1, 2010, through June 30, 2011, the department shall have 120 days to notify the certified groundwater professional when a report is not accepted based on material information that is found to be inaccurate or incomplete.

        ITEM 141.    Amend paragraph 135.12(10)"b", introductory paragraph, as follows:    b.    No further action certificate. When the no action required site classification has been determined based on a recommendation of the certified groundwater professional as provided insubrules 135.9(11), 135.10(11) and 135.12(12)135.12(6) (see also 2009 Iowa Code Supplement section 455B.474(1)“h”(1) and (3) as amended by 2010 Iowa Acts, House File 2531, section 174455B.474.1“a”(8)(a) and (c)), the department shall issue a no further action certificate.

        ITEM 142.    Amend subparagraph 135.12(10)"b" as follows:    (9)   The owner or operator or other persons conducting corrective action shall be responsible for recording the no further action certificate with the county recorder and return a file-stamped copy to the department within 30 days of the issue date. At its discretion, the department may record the no further action certificate with the appropriate county recorder as authorized in 2009 Iowa Code Supplement section 455B.474(1)“h”(3) as amended by 2010 Iowa Acts, House File 2531, section 174455B.474.1“a”(8)(c).

        ITEM 143.    Amend subrule 135.12(11) as follows:    135.12(11) Expedited corrective action.  An owner, operator or responsible party of a site at which a release of regulated substance is suspected to have occurred may carry out corrective actions at the site so long as the department receives notice of the expedited cleanup activities withinprior to 30 calendar days of their commencement; the owner, operator, or responsible party complies with the provisions of these rules; and the corrective action does not include active treatment of groundwater other than:    a.    As previously approved by the department; or    b.    Free product recovery pursuant to subrule 135.7(5).    c.    Soil excavationoverexcavation. When undertaking excavationoverexcavation of contaminated soils, adequate field screening methods must be used to identify maximum concentrations during excavation. At a minimum one soil sample must be taken for field screening every 100 square feet of the base and each sidewall. Soil samples must be taken for laboratory analysis at least every 400 square feet of the base and each sidewall of the excavated area to confirm remaining concentrations are below Tier 1 levels. If the excavation is less than 400 square feet, a minimum of one sample must be analyzed for each sidewall and the base. The owner or operator must maintain adequate records of the excavation area to document compliance with this procedure unless submitted to the department and must provide it to the department upon request.

        ITEM 144.    Amend rule 567—135.14(455B) as follows:

    567—135.14(455B) Action levels.  The following corrective action levels apply to petroleum-regulated substances as regulated by this chapter. These action levels shall be used to determine if further corrective action underrules 567—135.6(455B) through 567—135.12(455B) orrule567—135.15(455B) is required as the result of tank closure sampling undersubrule135.15(3) or other analytical results submitted to the department. The contaminant concentrations must be determined by laboratory analysis as stated inrule567—135.16(455B). Final cleanup determination is not limited to these contaminants. The contamination corrective action levels are:Soil (mg/kg)Groundwater (ug/L)Benzene0.545Toluene3.21,000Ethylbenzene15700Xylenes5210,000    Total ExtractableHydrocarbons—Diesel3,8001,200Total Extractable Hydrocarbons—Waste Oil400

        ITEM 145.    Amend rule 567—135.15(455B), catchwords, as follows:

    567—135.15(455B) Out-of-service UST systems, temporary closure, andpermanent closure.  

        ITEM 146.    Rescind subrule 135.15(1) and adopt the following new subrule in lieu thereof:    135.15(1) Out-of-service UST systems and temporary closure.      a.    UST systems not meeting either the performance standards in subrule 135.3(1) for new UST systems or the upgrading requirements in subrule 135.3(2) by December 22, 1998, must be permanently closed according to subrule 135.15(2). The tanks cannot be brought back into use.    b.    When a UST system in compliance with new tank standards is out of service for less than three months, owners and operators must:    (1)   Continue operation and maintenance of corrosion protection in accordance with subrule 135.4(2);    (2)   Continue operation and maintenance of any release detection in accordance with rule 567—135.5(455B) unless the system is empty. The UST system is empty when all materials have been removed using commonly employed practices. No more than 2.5 centimeters (1 inch) of residue, or 0.3 percent by weight of the total capacity of the UST system, may remain in the system;    (3)   Comply with rules 567—135.6(455B) to 567—135.12(455B) if a release is suspected or confirmed;    (4)   Maintain financial responsibility (e.g., insurance) in accordance with 567—Chapter 136. If at any time financial responsibility coverage is or will be terminated, a site check for contamination must be completed before coverage is terminated. A site check must use the closure-in-place sampling procedures in paragraphs 135.15(3)“b” and “d” or the Tier 1 site assessment in rule 567—135.9(455B). If the tanks are located in a contaminated area with active monitoring and remediation, the tank owner may request the department waive the site check providing justification.    (5)   Continue to pay the tank management fee as required in subrule 135.3(5).    (6)   Continue to have compliance inspections conducted as required in rule 567—135.20(455B).    c.    When a UST system is out of service for three months or more, an owner must submit a notification of temporary closure form to the department. Owners and operators must complete the requirements in paragraph 135.15(1)“b” for temporary closure and certify the following:    (1)   The UST system is empty of all regulated substances (e.g., receipt of product removal).    (2)   Vent lines are open and functioning.    (3)   All other piping, pumps, accesses, and ancillary equipment are capped and locked.    (4)   The corrosion protection system is being maintained in accordance with subrule 135.4(2). Include documentation that electricity is being maintained to operate the impressed current cathodic protection system if present.    (5)   For lined tanks, provide a copy of the last internal inspection.    (6)   Provide proof of financial responsibility (e.g., insurance) according to 567—Chapter 136.    d.    When a tank system is temporarily closed for more than 12 months, the owner must remain in compliance with the department’s temporary closure requirements in paragraph 135.15(1)“c.” The department may provide an extension to the 12-month temporary closure period. Owners and operators must complete a site check in accordance with paragraph 135.6(3)“b” before such an extension can be applied for.    e.    If a tank system is temporarily closed for more than 12 months, but the tank system has not been temporarily closed according to the requirements of paragraph 135.15(1)“c,” or the owner or operator has failed to maintain out-of-service requirements in paragraph 135.15(1)“b,” the UST system must be permanently closed in accordance with subrule 135.15(2).    f.    Prior to returning a temporarily closed tank back into service, the owner or operator must complete and submit the department’s return-to-service form signed by a licensed installer and provide the following documentation. The tank system cannot be operated or receive fuel until current tank tags have been issued.    (1)   Documentation that the tanks were temporarily closed in accordance with subrule 135.15(1).    (2)   Where applicable, documentation that corrosion protection has been maintained continuously in accordance with subrule 135.4(2). The owner or operator must provide an inspection log of the cathodic protection system and the inspection report of the cathodic protection system completed by an Iowa-licensed corrosion tester.    (3)   For lined tanks, provide a lining and tank integrity inspection report.    (4)   Results of precision tightness tests (0.1 gph) conducted on tanks in accordance with rule 567—135.5(455B).    (5)   Results of precision tightness tests (0.1 gph) conducted on lines in accordance with rule 567—135.5(455B). This includes piping used for remote fill.    (6)   Function test (3.0 gph) results of mechanical or electronic leak detectors conducted in accordance with rule 567—135.5(455B).Note: Function tests are not required on confirmed “safe suction” dispensing lines.    (7)   Tank and piping leak detection is operational and in good condition.    (8)   Secondary containment is installed where necessary in accordance with subrule 135.3(9).    (9)   Spill containment, overfill prevention and all containment sumps are in good condition and operating in accordance with subrule 135.4(1). Tightness tests conducted within the last 12 months must be provided for secondary containment of tanks, piping, sumps, under dispenser containment and spill containment.    (10)   Copy of the financial responsibility (e.g., UST insurance) mechanism in accordance with 567—Chapter 136.    (11)   Certification from an Iowa-licensed installer that the UST system and equipment are installed correctly, are in good operable condition and meet all regulatory requirements for startup and operation.    (12)   Copies of Class A and Class B operator training certificates.    (13)   Change of ownership form (if the UST facility was sold).

        ITEM 147.    Amend subrule 135.15(2) as follows:    135.15(2) Permanent closure and changes-in-service.  Permanent closure of an underground storage tank system must be conducted by an Iowa-licensed tank remover. Closure sampling must be conducted by or under the supervision of an Iowa-certified groundwater professional.    a.    At least 30 days before beginning either permanent closure or a change-in-service under paragraphs “b” and “c” below, owners and operators must notify the department of their intent to permanently close or make the change-in-service. An owner or operator must seek prior approval to permanently close a tank in a time frame shorter than the 30-day notice. The required assessment of the excavation zone under 135.15(3) must be performed after notifying the department but before completion of the permanent closure or a change-in-service.    b.    To permanently close a tank or piping, owners and operators must empty and clean them by removing all liquids and accumulated sludge. All tanks taken out of service permanently must also be either removed from the ground,or filled with an inert solid material, or closed in place by a method approved by the department. Piping must either be removed from the ground or have the ends plugged with an inert solid material.When permanently closing a tank by filling with inert solid material, the tank may not be filled until a closure report is approved by the department. The tank must be filled within 30 days after department approval. The owner and operator must notify the department within 15 days after filling the tank with inert solid material.    c.    Continued use of a UST system to store a nonregulated substance is considered a change-in-service. Before a change-in-service, owners and operators must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with 135.15(3).    d.    Permanent closure procedures must be followed in the replacement of tanks or piping. Notification must be made using DNR Form 542-1308, “Notification of Tank Closure or Change-in-Service.” The form must include the date scheduled for the closure. Oral confirmation of the closure date must be given to the DNR field office 24 hours prior to the actual closure. The required assessment of the excavation zone under 139.15(3)subrule 135.15(3) must be performed after notifying the department but before completion of the permanent closure or change-in-service.Note: The following cleaning and closure procedures may be used to comply with subrule 135.15(2): American Petroleum Institute Recommended Practice 1604, “Removal and Disposal of Used Underground Petroleum Storage Tanks”; American Petroleum Institute Publication 2015, “Cleaning Petroleum Storage Tanks”; American Petroleum Institute Recommended Practice 1631, “Interior Lining of Underground Storage Tanks,” may be used as guidance for compliance with this subrule; and the National Institute for Occupational Safety and Health “Criteria for a Recommended Standard . . . Working in Confined Space” may be used as guidance for conducting safe closure procedures at some hazardous substance tanks.
  • American Petroleum Institute Recommended Practice RP 1604, “Closure of Underground Petroleum Storage Tanks”;
  • American Petroleum Institute Standard 2015, “Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry From Decommissioning Through Recommissioning”;
  • American Petroleum Institute Recommended Practice 2016, “Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks”;
  • American Petroleum Institute Recommended Practice RP 1631, “Interior Lining and Periodic Inspection of Underground Storage Tanks,” may be used as guidance for compliance with this subrule;
  • National Fire Protection Association Standard 326, “Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair”; and
  • National Institute for Occupational Safety and Health Publication 80-106, “Criteria for a Recommended Standard...Working in Confined Space” may be used as guidance for conducting safe closure procedures at some hazardous substance tanks.
  •     ITEM 148.    Amend subrule 135.15(3) as follows:    135.15(3) Assessing the site at closure or change-in-service.      a.    Before permanent closure or a change-in-service is completed, owners or operators must measure for the presence of a release where contamination is most likely to be present at the UST site. This soil and groundwater closure investigation must be conducted or supervised by a groundwater professional certified under 567—Chapter 134, Part A, unless the department in its discretion grants an exemption and provides direct supervision of the closure investigation. In selecting the sample types, sample locations, and measurement methods, owners and operators must consider the method of closure, the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a release.At UST sites with a history of petroleum storage, soil and groundwater samples shall in every case be analyzed for benzene, toluene, ethylbenzene, and xylenes (BTEX) with each compound reported separately in accordance withrule 567—135.16(455B). If there has been a history or suspected history of petroleum storage other than gasoline or gasoline blends (i.e., all grades of diesel fuels, fuel oil, kerosene, oil and mineral spirits), or such storage history is unknown or uncertain, soil and groundwater samples shall also be analyzed for total extractable hydrocarbons in accordance withrule 567—135.16(455B).All such samples shall be collected separately and shipped to a laboratory certified under 567—Chapter 42, Part C,567—Chapter 83 within 72 hours of collection. Samples shall be refrigerated and protected from freezing during shipment to the laboratory.When a UST is removed from an area of confirmed contamination, the department may waive closure sampling if written documentation is submitted with the closure notification. Documentation should include laboratory analytical reports and a site map showing tank and piping locations along with contamination plume and sampling locations.    b.    For all permanent tank and piping closures or changes-in-service, at least one water sample must be taken from the first saturated groundwater zone via adeveloped monitoring well or borehole except as provided in paragraph135.13(3)“g.” The well or borehole must be located downgradient from and as close as possible to the excavationUST system but no farther away than 20 feetfrom system components.At some tank and piping closures, a minimum of one monitoring well may not be sufficient to represent a release where it is most likely to be present. An additional groundwater monitoring well or wells may be necessary.If, however, the first saturated groundwater zone is not encountered within 10 feet below the lowest elevation of the tank excavation, the requirement for groundwater sampling shall not apply unless:    (1)   Sands or highly permeable soils are encountered within 10 feet below the lowest level of the tank excavation which together with the underlying geology would, in the judgment of the department, pose the reasonable possibility that contamination may have reached groundwaters deeper than 10 feet below the lowest level of the tank excavation. The method of determining highly permeable soil is found in the departmental guidance documents entitled “Underground Storage Tank Closure Procedures for Tank and Piping Removal” and “Underground Storage Tank Closure for Filling in Place.”    (2)   Indications of potential groundwater contamination, including petroleum products in utility lines, petroleum products in private wells, petroleum product vapors in basements or other structures, occur in the area of the tank installation undergoing closure or change-in-service.    c.    For permanent closure by tank removal, the departmental guidance document entitled “Underground Storage Tank Closure Procedures for Tank and Piping RemovalGuidance” must be followed. The minimum number of soil samples that must be taken depends on the tank size and length of product piping. Samples must be taken at a depth of 1 to 2 feet beneath the tank fill area below the base of the tank along the tank’s centerline. Soil samples must also be taken at least every 10 feet along the product piping at a depth of 1 to 2 feet beneath the piping fill area below the piping, unless alternate sampling is approved by the department.If sands or other highly permeable soils are encountered, alternative sampling methods may be required.If contamination is suspected or found in any area within the excavation (i.e., sidewall or bottom), a soil sample must be taken at that location.The numbers of samples required for tanks are as follows:    Nominal Tank Capacity(gallons)    Number ofSamples    Locationon Centerline1,000 or less1center of tank1,001 - 8,00021/3 from ends8,001 - 30,00035 feet from ends and at center of tank30,001 - 40,00045 and 15 feet from ends40,001 and more55 and 15 feet from ends and at center of tank    d.    For closing a tank in place by filling with an inert solid material or for a change-in-service, the departmental guidance document entitled “Underground Storage Tank Closure for Filling in Place” must be followed. The minimum number of soil borings required for sampling depends on the size of the tank and the length of the product piping. Soil samples must be taken within 5 feet of the sides and ends of the tank at a depth of 2 to 4 feet below the base of the tank, but outside the backfill material, at equal intervals around the tank. Soil samples must also be taken at least every 10 feet along the product piping at a depth of 1 to 2 feet beneath the piping fill area below the piping, unless alternate sampling is approved by the department. If sands or other highly permeable soils are encountered, alternative sampling methods may be required.The minimum numbers of soil borings and samples required are as follows:    Nominal Tank Capacity(gallons)    Number ofSamples    Locationof Samples6,000 or less41 each end and each side6,001 - 12,00061 each end and 2 each side12,001 or more81 each end and 3 each side    e.    A closure reportin a format prescribed by the department must be submitted to the department within 45 days of the tank removal or sampling for a closure in place. The report must include all laboratory analytical reports, soil boring and well or borehole construction details and stratigraphic logs, and a dimensional drawing showing location and depth of all tanks, piping, sampling, and wells or boreholes, and contaminated soil encountered.Refer to the Underground Storage Tank Closure Guidance for reporting format. The tank tags must be returned with the closure report.    f.    The requirements of this subrule are satisfied if one of the external release detection methods allowed in 135.5(4)“e” and “f” is operating in accordance with the requirements in 135.5(4) at the time of closure and indicates no release has occurred.    g.    If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered during the site assessment or by any other manner, contact the department in accordance with 135.6(1). Normal closure procedures no longer apply. Owners and operators must begin corrective action in accordance with rules 567—135.7(455B) to 567—135.12(455B).Identification of free product requires immediate response in accordance with 135.7(5). If contamination appears extensive or the groundwater is known to be contaminated, a full assessment of the contamination will be required. When a full assessment is required or anticipated, collection of the required closure samples is not required. If contamination appears limited to soils, overexcavation of the contaminated soils in accordance with 135.15(4) may be allowed at the time of closure.

        ITEM 149.    Amend subrule 135.15(7) as follows:    135.15(7) Applicability to pre-1974 USTs.  The closure provisions of rule 567—135.15(455B) are not applicable to USTs which have been out of operation as ofprior to January 1, 1974. For purposes of this subrule, out of operation means that no regulated substance has been deposited into or dispensed from the tanks and that the tanks do not currently contain an accumulation of regulated substances other than a de minimusminimis amount as provided inparagraph 135.15(1)“a.”Owners and operators or other interested parties are not required to submit documentation that USTs meet the exemption conditions and may rely on this subrule as guidance. However, should a question arise as to whether USTs meet the exemption, or owners and operators or other interested parties request acknowledgment by the department that USTs are exempt, they must submit an affidavit on a form provided by the department. The affiant must certify that based on a reasonable investigation and to the best of the affiant’s knowledge, the USTs were taken out of operation prior to January 1, 1974, the USTs have not contained a regulated substance since January 1, 1974, and the USTs do not currently contain an accumulation of regulated substances.If the department has a reasonable basis to suspect a release has occurred, the release investigation and confirmation steps of subrule 135.8(1)rule 567—135.6(455B) and the corrective action requirements as provided inrules 567—135.7(455B)to 567—135.8(455B)through 567—135.12(455B) shall apply.

        ITEM 150.    Amend rule 567—135.16(455B) as follows:

    567—135.16(455B) Laboratory analytical methods for petroleum contamination of soil and water.      135.16(1) General.  When having soil or water analyzedanalyzing for petroleum or hazardous substances, owners and operators of UST systems must use a laboratory certified under 567—Chapter 83. In addition they must ensure that all soil and groundwater samples are properly preserved and shipped within 72 hours of collection to a laboratory certified under 567—Chapter 83, for UST petroleum analyses. This rule provides acceptable analytical procedures for petroleum substances and required information that must be provided in all laboratory reports.    135.16(2) Laboratory report.  All laboratory reports must contain the following information:    a.    Laboratory name, address, telephone number and Iowa laboratory certification number. If analytical work is subcontracted to another laboratory, the analytical report from the certified lab which analyzed the sample must be submitted and include the information required in this subrule.    b.    Medium sampled (soil, water).    c.    Client submitting sample (name, address, telephone number).    d.    Sample collector (name, telephone number).    e.    UST site address.    f.    Clients sample location identifier.    g.    Date sample was collected.    h.    Date sample was received at laboratory.    i.    Date sample was analyzed.    j.    Results of analyses and units of measure.    k.    Detection limits.    l.    Methods used in sample analyses (preparation method, sample detection method, and quantitative method).    m.    Laboratory sample number.    n.    Analyst name.    o.    Signature of analyst’s supervisor.    p.    Condition in which the sample was received at the laboratory and whether it was properly sealed and preserved.    q.    Note that analytical results are questionable if a sample exceeded an established holding time or was improperly preserved. (The recommended holding time for properly cooled and sealed petroleum contaminated samples is 14 days, except for water samples containing volatile organic compounds which have a 7-day holding time unless acid-preserved.)    r.    Laboratory reports required by this chapter for tank closure investigations under 567—135.15(455B) and site checks under 135.6(3) or Tier 1 or Tier 2 assessments under 567—135.9(455B) to 567—135.11(455B) must include a copy of the chromatograms and associated quantitation reports for the waste oil, diesel and gasoline standard used by the laboratory in analyzing submitted samples. The laboratory analytical report for each sample must state whether the sample tested matches the laboratory standard for waste oil, diesel or gasoline or that the sample cannot be reliably matched with any of these standards. A copy of the chromatograms and associated quantitation reports for only the soil and groundwater samples with the maximum concentrations of BTEX and TEH must be included.    135.16(3) Analysis of soil and water for high volatile petroleum compounds (i.e., gasoline, benzene, ethylbenzene, toluene, xylene).  Sample preparation and analysis shall be by Method OA-1, “Method for Determination of Volatile Petroleum Hydrocarbons (gasoline),” revision 7/27/93, University Hygienic Laboratory, Iowa City, Iowa. This method is based on U.S. EPA methods 5030, 8000, and 8015, SW-846, “Test Methods for Evaluating Solid Waste,” 3rd Edition.12/01/2019, state hygienic laboratory at the University of Iowa, or EPA Method 8260D, “Test Methods for Evaluating Solid Waste,” 3rd Edition–Update 6, July 2018. Copies of Method OA-1 are available from the department.    135.16(4)  Analysis of soil and water for low volatile petroleum hydrocarbon contamination (i.e., all grades of diesel fuel, fuel oil, kerosene, oil, and mineral spirits).  Sample preparation and analysis shall be by Method OA-2, “Determination of Extractable Petroleum Products (and Related Low Volatility Organic Compounds),” revision 7/27/93, University Hygienic Laboratory, Iowa City, Iowa. This method is based on U.S. EPA methods 3500, 3510, 3520, 3540, 3550, 8000, and 8100, SW-846, “Test Methods for Evaluating Solid Waste,” 3rd Edition.12/01/2019, state hygienic laboratory at the University of Iowa. Copies of Method OA-2 are available from the department.    135.16(5) Analysis of soil gas for volatile petroleum hydrocarbons.  Analysis of soil gas for volatile petroleum hydrocarbons shall be conducted in accordance with the National Institute for Occupational Safety and Health (NIOSH) Method 1501,Issue 3, March 15, 2003, or a department-approved equivalent method.    135.16(6)   Analytical methods for methyl tertiary-butyl ether (MTBE). Analysis of water for MTBE must be conducted by a laboratory certified under 567—Chapter 83 for petroleum analyses.    a.    Sample preparation and analysis shall be by U.S. Environmental Protection Agency Method 8260D, “Test Methods for Evaluating Solid Waste,” 3rd Edition–Update 6, July 2018.    b.    Laboratories performing the analyses must run standards for MTBE on a routine basis, and standards for other possible compounds like ethyl tertiary-butyl ether (ETBE), tertiary-amyl methyl ether (TAME), di-isopropyl ether (DIPE), and tertiary-butyl alcohol (TBA) to be certain of their identification should they be detected.    c.    Laboratories must run a method detection limit study and an initial demonstration of capability for MTBE. These records must be kept on file.    d.    The minimum detection level for MTBE in water is 15 ug/L.

        ITEM 151.    Amend subrule 135.17(2) as follows:    135.17(2)   Individual claims. The financial ability of individual owners and operators of USTs, with or without an active business (including but not limited to sole proprietorships and general partnerships), shallmay be evaluated using the “Individual Ability to Pay Guidance” document dated June 19, 1992,most current version of “INDIPAY” developed by the U.S. Environmental Protection Agency and generally accepted principles of financial analysis. This guidance is only one tool the department may use in evaluating claims of financial inability.

        ITEM 152.    Amend subrule 135.17(3) as follows:    135.17(3)   Corporate claims. The financial ability of corporate owners and operators of USTs shallmay be evaluated using the June 1992most current version of “ABEL” developed by the U.S. Environmental Protection Agency and generally accepted principles of financial analysis. This guidance is only one tool the department may use in evaluating claims of financial inability.

        ITEM 153.    Rescind subrules 135.18(1) to 135.18(4).

        ITEM 154.    Renumber subrules 135.18(5) to 135.18(7) as 135.18(1) to 135.18(3).

        ITEM 155.    Amend rule 567—135.19(455B) as follows:

    567—135.19(455B) Analyzing for methyl tertiary-butyl ether (MTBE) in soil and groundwater samples.      135.19(1) General.  The objective of analyzing for MTBE is to determine its presence in soil and water samples collected as part of investigation and remediation of contamination atfor underground storage tank facilities.    135.19(2) Required MTBE testing.  Soil and waterWater samples must be analyzed for MTBE when collected for risk-based corrective action as required in rules 567—135.8(455B) through 567—135.12(455B). These sampling requirements include but are not limited to:Tier 2 and Tier 3 assessments where groundwater ingestion pathway evaluation and subsequent monitoring is required.    a.    Risk-based corrective action (RBCA) evaluations required for Tier 1, Tier 2, and Tier 3 assessments and corrective action design reports.    b.    Site monitoring.    c.    Site remediation monitoring.    135.19(3) MTBE testing not required.  Soil and water samplesAnalysis for MTBE is not required for the following actions are not required to be analyzed for MTBE:    a.    Closure sampling under rule 567—135.15(455B) unless Tier 1 or Tier 2 sampling is being performed.    b.    Site checks under subrule 135.7(3) unless Tier 1 or Tier 2 sampling is being performed135.6(3).    c.    If prior analysis at a site undersubrule 135.19(2) has not shown MTBE present in soil or groundwater.    d.    If the department determines MTBE analysis is no longer needed at a site.    135.19(4) Reporting.  The analytical data must be submitted in a format prescribed by the department.    135.19(5) Analytical methods for methyl tertiary-butyl ether (MTBE).  When having soil or water analyzed for MTBE from contamination caused by petroleum or hazardous substances, owners and operators of UST systems must use a laboratory certified under 567—Chapter 83 for petroleum analyses. In addition, the owners and operators must ensure all soil and water samples are properly preserved and shipped within 72 hours of collection to a laboratory certified under 567—Chapter 83 for petroleum analyses.    a.    Sample preparation and analysis shall be by:    (1)   GC/MS version of OA-1, “Method for Determination of Volatile Petroleum Hydrocarbons (gasoline),” revision 7/27/93, University Hygienic Laboratory, Iowa City, Iowa; or    (2)   U.S. Environmental Protection Agency Method 8260B, SW-846, “Test Methods for Evaluating Solid Waste,” Third Edition.    b.    Laboratories performing the analyses must run standards for MTBE on a routine basis, and standards for other possible compounds like ethyl tertiary-butyl ether (ETBE), tertiary-amyl methyl ether (TAME), diisopropyl ether (DIPE), and tertiary-butyl alcohol (TBA) to be certain of their identification should they be detected.    c.    Laboratories must run a method detection limit study and an initial demonstration of capability for MTBE. These records must be kept on file.    d.    The minimum detection level for MTBE in soil is 15 ug/kg. The minimum detection level for MTBE in water is 15 ug/l.

        ITEM 156.    Amend subrule 135.20(1) as follows:    135.20(1)   The owner or operator must have the UST system inspected and an inspection report submitted to the department by a UST compliance inspector certified by the department under 567—Chapter 134, Part B. An initial compliance site inspection shall be conducted no later than December 31, 2007within two years after new tank installation. All subsequent compliance site inspections conducted after theinitial compliance site inspection for the 2008-2009 biennial period shall be conducted within 24 months of the prior compliance site inspection. Compliance site inspections must be separated by at least six months.

        ITEM 157.    Adopt the following new rule 567—135.21:

    567—135.21(455B) UST systems with field-constructed tanks and airport hydrant fuel distribution systems.      135.21(1)   General requirements.    a.    Implementation of requirements. Owners and operators must comply with the requirements of this rule for UST systems with field-constructed tanks and airport hydrant systems as follows:    (1)   For UST systems installed on or before [the effective date of this rule], the requirements are effective according to the following schedule:RequirementEffective DateUpgrading UST systems, general operating requirements, and operator trainingOctober 13, 2021Release detectionOctober 13, 2021Release reporting, response, and investigation; closure; financial responsibility and notification (except as provided in paragraph 135.21(1)“b”)[the effective date of this rule]    (2)   For UST systems installed after [the effective date of this rule], the requirements apply at installation.    b.    All owners of previously deferred UST systems must submit a registration form provided by the department. Owners and operators of UST systems must demonstrate financial responsibility at the time of submission of the registration form.    c.    Except as provided in subrule 135.21(2), owners and operators must comply with the requirements of rules 567—135.1(455B) through 567—135.20(455B) and 567—Chapter 136.    d.    In addition to the codes of practice listed in subrule 135.3(1), owners and operators may use military construction criteria, such as Unified Facilities Criteria (UFC) 3-460-01, Petroleum Fuel Facilities, when designing, constructing, and installing airport hydrant systems and UST systems with field-constructed tanks.    135.21(2)   Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems.    a.    Exception to piping secondary containment requirements.Owners and operators may use single-walled piping when installing or replacing piping associated with UST systems with field-constructed tanks greater than 50,000 gallons and piping associated with airport hydrant systems. Piping associated with UST systems with field-constructed tanks less than or equal to 50,000 gallons not part of an airport hydrant system must meet the secondary containment requirement when installed or replaced.    b.    Upgrade requirements.Not later than October 13, 2021, airport hydrant systems and UST systems with field-constructed tanks where installation commenced on or before [the effective date of this rule] must meet the following requirements or be permanently closed pursuant to rule 567—135.15(455B).    (1)   Corrosion protection. UST system components in contact with the ground that routinely contain regulated substances must meet one of the following:    1.   Except as provided in paragraph 135.21(2)“a,” the new UST system performance standards for tanks in paragraph 135.3(1)“a” and for piping in paragraph 135.3(1)“b”; or    2.   Be constructed of metal and cathodically protected according to a code of practice developed by a nationally recognized association or independent testing laboratory, and meet the requirements of paragraphs 135.3(1)“a”(2)“3” and “4” for tanks, and subparagraphs 135.3(1)“a”(2), (3) and (4) for piping. A tank greater than ten years old without cathodic protection must be assessed to ensure the tank is structurally sound and free of corrosion holes prior to adding cathodic protection. The assessment must be by internal inspection or another method determined by the department to adequately assess the tank for structural soundness and corrosion holes.Note regarding paragraph 135.21(2)“b”: The following codes of practice may be used to comply with this paragraph:
  • NACE International Standard Practice SP 0285, “External Control of Underground Storage Tank Systems by Cathodic Protection”;
  • NACE International Standard Practice SP 0169, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”;
  • National Leak Prevention Association Standard 631, Chapter C, “Internal Inspection of Steel Tanks for Retrofit of Cathodic Protection”; or
  • American Society for Testing and Materials Standard G158, “Standard Guide for Three Methods of Assessing Buried Steel Tanks.”
  •     (2)   Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the UST system, all UST systems with field-constructed tanks and airport hydrant systems must comply with new UST system spill and overfill prevention equipment requirements specified in paragraph 135.3(1)“c.”
        c.    Walkthrough inspections.In addition to the walkthrough inspection requirements in subrule 135.4(13), owners and operators must inspect the following additional areas for airport hydrant systems at least once every 30 days if confined space entry according to the Occupational Safety and Health Administration (see 29 CFR part 1910) is not required or at least annually if confined space entry is required and keep documentation of the inspection according to paragraph 135.4(13)“e.”    (1)   Hydrant pits: visually check for any damage; remove any liquid or debris; and check for any leaks, and    (2)   Hydrant piping vaults: check for any hydrant piping leaks.    d.    Release detection.Owners and operators of UST systems with field-constructed tanks and airport hydrant systems must begin meeting the release detection requirements described in this subrule not later than October 13, 2021.    (1)   Methods of release detection for field-constructed tanks. Owners and operators of field-constructed tanks with a capacity less than or equal to 50,000 gallons must meet the release detection requirements in rule 567—135.5(455B).    (2)   Owners and operators of field-constructed tanks with a capacity greater than 50,000 gallons must meet either the requirements in rule 567—135.5(455B) (except paragraphs 135.5(4)“e” and “f” must be combined with inventory control as stated below) or use one or a combination of the following alternative methods of release detection:    1.   Conduct an annual tank tightness test that can detect a 0.5 gallon per hour leak rate;    2.   Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to 1 gallon per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon-per-hour leak rate performed at least every three years;    3.   Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to 2 gallons per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon-per-hour leak rate performed at least every two years;     4.   Perform vapor monitoring (conducted in accordance with paragraph 135.5(4)“e” for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon-per-hour leak rate at least every two years;    5.   Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual; or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5 percent of flow-through; and
  • Perform a tank tightness test that can detect a 0.5 gallon per hour leak rate at least every two years; or
  • Perform vapor monitoring or groundwater monitoring (conducted in accordance with paragraph 135.5(4)“e” or “f,” respectively, for the stored regulated substance) at least every 30 days; or
  •     6.   Another method approved by the department if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subparagraph 135.21(2)“d”(2). In comparing methods, the department shall consider the size of release that the method can detect and the frequency and reliability of detection.
        (3)   Methods of release detection for piping. Owners and operators of underground piping associated with field-constructed tanks less than or equal to 50,000 gallons must meet the release detection requirements in rule 567—135.5(455B). Owners and operators of underground piping associated with airport hydrant systems and field-constructed tanks greater than 50,000 gallons must follow either the requirements in rule 567—135.5(455B) (except paragraphs 135.5(4)“e” and “f” must be combined with inventory control as stated below) or use one or a combination of the following alternative methods of release detection:    1.   Perform a semiannual or annual line tightness test at or above the piping operating pressure in accordance with the table below.Maximum Leak Detection Rate Per Test Section VolumeTest Section VolumeSemiannual Test—Annual Test—(Gallons)Leak Detection Rate Not to ExceedLeak Detection Rate Not to Exceed(Gallons Per Hour)(Gallons Per Hour)< 50,0001.00.5≥ 50,000 to < 75,000 1.50.75≥ 75,000 to < 100,0002.01.0≥ 100,0003.01.5Piping segment volumes ≥ 100,000 gallons not capable of meeting the maximum 3.0 gallon per hour leak rate for the semiannual test may be tested at a leak rate up to 6.0 gallons per hour according to the following schedule:Phase in for Piping Segments ≥ 100,000 Gallons in VolumeFirst test Not later than October 13, 2021 (may use up to 6.0 gph leak rate)Second testBetween October 13, 2021, and October 13, 2024 (may use up to 6.0 gph leak rate) Third testBetween October 13, 2024, and October 13, 2025 (must use 3.0 gph for leak rate)Subsequent testsAfter October 13, 2025, begin using semiannual or annual line testing according to the Maximum Leak Detection Rate Per Test Section Volume table above    2.   Perform vapor monitoring (conducted in accordance with paragraph 135.5(4)“e” for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon per hour leak rate at least every two years;    3.   Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25, ATA Airport Fuel Facility Operations and Maintenance Guidance Manual; or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5 percent of flow-through, and
  • Perform a line tightness test (conducted in accordance with paragraph 1 of this section using the leak rates for the semiannual test) at least every two years; or
  • Perform vapor monitoring or groundwater monitoring (conducted in accordance with paragraph 135.5(4)“e” or “f,” respectively, for the stored regulated substance) at least every 30 days; or
  •     4.   Another method approved by the department if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in paragraphs 1 through 3 of this section. In comparing methods, the department shall consider the size of release that the method can detect and the frequency and reliability of detection.
        (4)   Record keeping for release detection. Owners and operators must maintain release detection records according to the recordkeeping requirements in subrule 135.5(6).
        e.    Applicability of closure requirements to previously closed UST systems.When directed by the department, the owner and operator of a UST system with field-constructed tanks or airport hydrant system permanently closed before [the effective date of this rule] must assess the excavation zone and close the UST system in accordance with rule 567—135.15(455B) if releases from the UST may, in the judgment of the department, pose a current or potential threat to human health and the environment.

        ITEM 158.    Strike “Rural Electrification Administration” wherever it appears in 567—Chapter 136 and insert “Rural Utilities Service” in lieu thereof.

        ITEM 159.    Amend subrule 136.1(4) as follows:    136.1(4)   The requirements of this chapter do not apply to owners and operators of farm or residential tanks of 1,100 gallons or less capacityinstalled prior to July 1, 1987, or any UST system described in 567—paragraph 135.1(3)“b” or “c.”subparagraph 135.1(3)“c”(1), (3) or (4).

        ITEM 160.    Amend rule 567—136.3(455B), definition of “Accidental release,” as follows:        "Accidental release" means any sudden or nonsudden release of petroleumarising fromoperating an underground storage tank that results in a need for corrective action and/or compensation for bodily injury or property damage neither expected nor intended by the tank owner or operator.

        ITEM 161.    Rescind the definition of “Petroleum marketing firms” in rule 567—136.3(455B).

        ITEM 162.    Amend subrule 136.6(4), first paragraph of the “Letter from Chief Financial Officer,” as follows:I am the chief financial officer of [insert: name and address of the owner or operator, or guarantor]. This letter is in support of the use of [insert: “the financial test of self-insurance,” and/or “guarantee”] to demonstrate financial responsibility for [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert: “sudden accidental releases” and/oror “nonsudden accidental releases”or “accidental releases”] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s).

        ITEM 163.    Amend subrule 136.6(4), third paragraph of the “Letter from Chief Financial Officer,” as follows:A [insert: “financial test,” and/or “guarantee”] is also used by this [insert: “owner or operator,” or “guarantor”] to demonstrate evidence of financial responsibility in the following amounts under other EPA regulations or state programs authorized by EPA under 5040 CFR Parts 271 and 145:

        ITEM 164.    Amend paragraph 136.8(2)"a"“2” as follows:
    1. The [“Insurer” or “Group”] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third party, with a right of reimbursement by the insured for any such payment made by the [“Insurer” or “Group”]. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in rules 567—136.6(455B) to 136.11(455B)567—136.17(455B).

        ITEM 165.    Amend subrule 136.9(2), third to fifth unnumbered paragraphs, as follows:Whereas said Principal is required under Subtitle I of the Resource Conservation and Recovery Act (RCRA),Solid Waste Disposal Act, as amended, to provide financial assurance for [insert: “Taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases”; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tanks identified above, andWhereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;Now, therefore, the conditions of the obligation are such that if the Principal shall faithfully [“take corrective action, in accordance with rule 567—135.7(455B) and the Director of the Iowa Department of Natural Resources instructions for,” and/or “compensate injured third parties for bodily injury and property damage caused by” either “suddenaccidental releases” or “nonsuddenaccidental releases” or “sudden and nonsudden”] accidental releases“accidental releases”] arising from operating the tank(s) identified above, or if the Principal shall provide alternate financial assurance, as specified in 567—Chapter 136, within 120 days after the date the notice of cancellation is received by the Principal from the Surety(ies), then this obligation shall be null and void; otherwise it is to remain in full force and effect.

        ITEM 166.    Amend subrule 136.9(4) as follows:    136.9(4)   The owner or operator who uses a surety bond to satisfy the requirements of rule 136.4 (455B)567—136.4(455B) must establish a standby trust fund when the surety bond is acquired. Under the terms of the bond, all amounts paid by the surety under the bond will be deposited directly into the standby trust fund in accordance with instructions from the director under rule 136.23(455B)567—136.21(455B). This standby trust fund must meet the requirements specified in rule 136.18(455B)567—136.12(455B).

        ITEM 167.    Amend subrule 136.10(2), paragraph (2) of the “Irrevocable Standby Letter of Credit” as follows:(2) your signed statement reading as follows: “I certify that the amount of the draft is payable pursuant to regulations issued under authority of Subtitle I of the Resource Conservation and Recovery Act of 1976Solid Waste Disposal Act, as amended.”

        ITEM 168.    Amend subrule 136.13(4), first paragraph of the “Letter from Chief Financial Officer,” as follows:I am the chief financial officer of [insert: name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert: “sudden accidental releases” and/oror “nonsudden accidental releases”or “accidental releases”] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s).

        ITEM 169.    Amend subrule 136.13(5), first paragraph of the “Letter from Chief Financial Officer,” as follows:I am the chief financial officer of [insert: name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert: “sudden accidental releases” and/oror “nonsudden accidental releases”or “accidental releases”] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s). This local government is not organized to provide general governmental services and does not have the legal authority under state law or constitutional provisions to issue general obligation debt.

        ITEM 170.    Adopt the following new subrule 136.13(8):    136.13(8)   If the local government owner or operator fails to obtain alternate assurance within 150 days of finding that it no longer meets the requirements of the bond rating test or within 30 days of notification by the director of the department that it no longer meets the requirements of the bond rating test, the owner or operator must notify the director of such failure within 10 days.

        ITEM 171.    Amend subrule 136.14(5), first paragraph of the “Letter from Chief Financial Officer,” as follows:I am the chief financial officer of [insert: name and address of the owner or operator]. This letter is in support of the use of the local government financial test to demonstrate financial responsibility for [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert: “sudden accidental releases” and/oror “nonsudden accidental releases”or “accidental releases”] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s).

        ITEM 172.    Amend subrule 136.16(4), first to third unnumbered paragraphs of the “Letter of Chief Financial Officer,” as follows:I am the chief financial officer of [insert: name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the local government fund mechanism to demonstrate financial responsibility for [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert: “sudden accidental releases” and/oror “nonsudden accidental releases”or “accidental releases”] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s).Underground storage tanks at the following facilities are assured by this local government fund mechanism: [List for each facility: the name and address of the facility where tanks are assured by the local government fund].[Insert: “The local government fund is funded for the full amount of coverage required under 567—136.4(455B) of the Iowa Administrative Code (IAC), or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage,” or “The local government fund is funded for tenfive times the full amount of coverage required under 567—136.4(455B) IAC, or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage,” or “A payment is made to the fund once every year for seven years until the fund is fully funded and [name of local government owner or operator] has available bonding authority, approved through voter referendum, of an amount equal to the difference between the required amount of coverage and the amount held in the dedicated fund” or “A payment is made to the fund once every year for seven years until the fund is fully funded and I have attached a letter signed by the state attorney general stating that (1) the use of the bonding authority will not increase the local government’s debt beyond the legal debt ceilings established by the relevant state laws and (2) prior voter approval is not necessary before use of the bonding authority”.]

        ITEM 173.    Amend rule 567—136.22(455B) as follows:

    567—136.22(455B) Release from the requirements.  An owner or operator is no longer required to maintain financial responsibility under this chapter for an underground storage tank after the tank has been properlypermanently closedor undergoes a change-in-service or, if corrective action is required, after corrective action has been completed and the tank has been properlypermanently closedor undergoes a change-in-service as required by rule 567—135.15(455B).
    ARC 5336CHuman Services Department[441]Notice of Intended Action

    Proposing rule making related to home health agency services and providing an opportunity for public comment

        The Human Services Department hereby proposes to amend Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code chapter 249A.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 249A.Purpose and Summary    This proposed amendment allows physician assistants, nurse practitioners and clinical nurse specialists to order and sign a treatment plan for home health agency services provided to Iowa Medicaid members.  Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 5, 2021. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.usPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

        ITEM 1.    Amend rule 441—78.9(249A) as follows:

    441—78.9(249A) Home health agencies.  Payment shall be approved for medically necessary home health agency services prescribed by a physician, nurse practitioner, clinical nurse specialist, or physician assistant in a plan of home health care provided by a Medicare-certified home health agency.The number of hours of home health agency services shall be reasonable and appropriate to meet an established medical need of the member that cannot be met by a family member, significant other, friend, or neighbor. Services must be medically necessary in the individual case and be related to a diagnosed medical impairment or disability.The member need not be homebound to be eligible for home health agency services; however, the services provided by a home health agency shall only be covered when provided in the member’s residence with the following exception. Private duty nursing and personal care services for persons aged 20 and under as described at 78.9(10)“a” may be provided in settings other than the member’s residence when medically necessary.Medicaid members of home health agency services need not first require skilled nursing care to be entitled to home health aide services.Further limitations related to specific components of home health agency services are noted in subrules 78.9(3) to 78.9(10).Payment shall be made on an encounter basis. An encounter is defined as separately identifiable hours in which home health agency staff provide continuous service to a member.Payment for supplies shall be approved when the supplies are incidental to the patient’s care, e.g., syringes for injections, and do not exceed $15 per month. Dressings, durable medical equipment, and other supplies shall be obtained from a durable medical equipment dealer or pharmacy. Payment of supplies may be made to home health agencies when a durable medical equipment dealer or pharmacy is not available in the member’s community.Payment may be made for restorative and maintenance home health agency services.Payment may be made for teaching, training, and counseling in the provision of health care services.Treatment plans for these services shall additionally reflect: to whom the services are to be provided (patient, family member, etc.); prior teaching training, or counseling provided; medical necessity for the rendered service; identification of specific services and goals; date of onset of the teaching, training, or counseling; frequency of services; progress of member in response to treatment; and estimated length of time these services will be needed.The following are not covered: services provided in the home health agency office, homemaker services, well child care and supervision, and medical equipment rental or purchase.Services shall be authorized by a physician, nurse practitioner, clinical nurse specialist, or physician assistant, evidenced by the physician’s, nurse practitioner’s, clinical nurse specialist’s, or physician assistant’s signature and date on a plan of treatment.    78.9(1) Treatment plan.  A plan of treatment shall be completed prior to the start of care and at a minimum reviewed every 60 days thereafter. There must be a face-to-face encounter between a physician, a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant and the Medicaid member no more than 90 days before or 30 days after the start of service. The plan of care shall support the medical necessity and intensity of services to be provided by reflecting the following information:    a.    Place of service.    b.    Type of service to be rendered and the treatment modalities being used.    c.    Frequency of the services.    d.    Assistance devices to be used.    e.    Date home health services were initiated.    f.    Progress of member in response to treatment.    g.    Medical supplies to be furnished.    h.    Member’s medical condition as reflected by the following information, if applicable:    (1)   Dates of prior hospitalization.    (2)   Dates of prior surgery.    (3)   Date last seen by a physician, nurse practitioner, clinical nurse specialist, or physician assistant.    (4)   Diagnoses and dates of onset of diagnoses for which treatment is being rendered.    (5)   Prognosis.    (6)   Functional limitations.    (7)   Vital signs reading.    (8)   Date of last episode of instability.    (9)   Date of last episode of acute recurrence of illness or symptoms.    (10)   Medications.    i.    Discipline of the person providing the service.    j.    Certification period (no more than 60 days).    k.    Estimated date of discharge from the hospital or home health agency services, if applicable.    l.    Physician’s, nurse practitioner’s, clinical nurse specialist’s, or physician assistant’s signature and date. The plan of care must be signed and dated by the physician, nurse practitioner, clinical nurse specialist, or physician assistant before the claim for service is submitted for reimbursement.    78.9(2) Supervisory visits.  Payment shall be made for supervisory visits two times a month when a registered nurse acting in a supervisory capacity provides supervisory visits of services provided by a home health aide under a home health agency plan of treatment or when services are provided by an in-home health care provider under the department’s in-home health-related care program as set forth in 441—Chapter 177.    78.9(3) Skilled nursing services.  Skilled nursing services are services that when performed by a home health agency require a licensed registered nurse or licensed practical nurse to perform. Situations when a service can be safely performed by the member or other nonskilled person who has received the proper training or instruction or when there is no one else to perform the service are not considered a “skilled nursing service.” Skilled nursing services shall be available only on an intermittent basis. Intermittent services for skilled nursing services shall be defined as a medically predictable recurring need requiring a skilled nursing service at least once every 60 days, not to exceed five days per week (except as provided below), with an attempt to have a predictable end. Daily visits (six or seven days per week) that are reasonable and necessary and show an attempt to have a predictable end shall be covered for up to three weeks. Coverage of additional daily visits beyond the initial anticipated time frame may be appropriate for a short period of time, based on the medical necessity of service. Medical documentation shall be submitted justifying the need for continued visits, including the physician’s, nurse practitioner’s, clinical nurse specialist’s, or physician assistant’s estimate of the length of time that additional visits will be necessary. Daily skilled nursing visits or multiple daily visits for wound care or insulin injections shall be covered when ordered by a physician, nurse practitioner, clinical nurse specialist, or a physician assistant and included in the plan of care. Other daily skilled nursing visits which are ordered for an indefinite period of time and designated as daily skilled nursing care do not meet the intermittent definition and shall be denied.Skilled nursing services shall be evaluated based on the complexity of the service and the condition of the patient.Private duty nursing for persons aged 21 and over is not a covered service. See subrule 78.9(10) for guidelines for private duty nursing for persons aged 20 or under.    78.9(4) Physical therapy services.  Payment shall be made for physical therapy services when the services relate directly to an active written treatment plan, follow a treatment plan established by the physician, nurse practitioner, clinical nurse specialist, or physician assistant after any needed consultation with the qualified physical therapist, are reasonable and necessary to the treatment of the patient’s illness or injury, and meet the guidelines defined for restorative, maintenance, or trial therapy as set forth in subrule 78.19(1), paragraphs “a” and “b.”For physical therapy services, the treatment plan shall additionally reflect goals, modalities of treatment, date of onset of conditions being treated, restorative potential, and progress notes.    78.9(5) Occupational therapy services.  Payment shall be made for occupational therapy services when the services relate directly to an active written treatment plan, follow a treatment plan established by the physician, nurse practitioner, clinical nurse specialist, or physician assistant, are reasonable and necessary to the treatment of the patient’s illness or injury, and meet the guidelines defined for restorative, maintenance, or trial therapy as set forth in subrule 78.19(1), paragraphs “a” and “c.”For occupational therapy services, the treatment plan shall additionally reflect goals, modalities of treatment, date of onset of conditions being treated, restorative potential, and progress notes.    78.9(6) Speech therapy services.  Payment shall be made for speech therapy services when the services relate directly to an active written treatment plan, follow a treatment plan established by the physician, nurse practitioner, clinical nurse specialist, or physician assistant, are reasonable and necessary to the treatment of the patient’s illness or injury, and meet the guidelines defined for restorative, maintenance, or trial therapy as set forth in subrule 78.19(1), paragraphs “a” and “d.”For speech therapy services, the treatment plan shall additionally reflect goals, modalities of treatment, date of onset of conditions being treated, restorative potential, and progress notes.    78.9(7) Home health aide services.  Payment shall be made for unskilled services provided by a home health aide if the following conditions are met:    a.    The service as well as the frequency and duration are stated in a written plan of treatment established by a physician, nurse practitioner, clinical nurse specialist, or physician assistant. The home health agency is encouraged to collaborate with the member, or in the case of a child with the child’s caregiver, in the development and implementation of the plan of treatment.    b.    The member requires personal care services as determined by a registered nurse or other appropriate therapist. The services shall be given under the supervision of a registered nurse, physical, speech, or occupational therapist and the registered nurse or therapist shall assign the aide who will provide the care.    c.    Services shall be provided on an intermittent basis. “Intermittent basis” for home health agency services is defined as services that are usually two to three times a week for two to three hours at a time. Services provided for four to seven days per week, not to exceed 28 hours per week, when ordered by a physician, nurse practitioner, clinical nurse specialist, or physician assistant and included in a plan of care shall be allowed as intermittent services. Increased services provided when medically necessary due to unusual circumstances on a short-term basis of two to three weeks may also be allowed as intermittent services when the home health agency documents the need for the excessive time required for home health aide services.Home health aide daily care may be provided for persons employed or attending school whose disabling conditions require the persons to be assisted with morning and evening activities of daily living in order to support their independent living.Personal care services include the activities of daily living, e.g., helping the member to bathe, get in and out of bed, care for hair and teeth, exercise, and take medications specifically ordered by the physician, but ordinarily self-administered, and retraining the member in necessary self-help skills.Certain household services may be performed by the aide in order to prevent or postpone the member’s institutionalization when the primary need of the member for home health aide services furnished is for personal care. If household services are incidental and do not substantially increase the time spent by the aide in the home, the entire visit is considered a covered service. Domestic or housekeeping services which are not related to patient care are not a covered service if personal care is not rendered during the visit.For home health aide services, the treatment plan shall additionally reflect the number of hours per visit and the living arrangement of the member, e.g., lives alone or with family.    78.9(8) Medical social services.  Rescinded IAB 3/29/17, effective 5/3/17.    78.9(9) Home health agency care for maternity patients and children.  The intent of home health agency services for maternity patients and children shall be to provide services when the members are unable to receive the care outside of their home and require home health care due to a high-risk factor. Routine prenatal, postpartum, or child health care is a covered service in a physician’s office or clinic and, therefore, is not covered by Medicaid when provided by a home health agency.    a.    Treatment plans for maternity patients and children shall identify:    (1)   The potential risk factors,    (2)   The medical factor or symptom which verifies the child is at risk,    (3)   The reason the member is unable to obtain care outside of the home,     (4)   The medically related task of the home health agency,    (5)   The member’s diagnosis,    (6)   Specific services and goals, and    (7)   The medical necessity for the services to be rendered. A single high-risk factor does not provide sufficient documentation of the need for services.    b.    The following list of potential high-risk factors may indicate a need for home health services to prenatal maternity patients:    (1)   Aged 16 or under.    (2)   First pregnancy for a woman aged 35 or over.    (3)   Previous history of prenatal complications such as fetal death, eclampsia, C-section delivery, psychosis, or diabetes.    (4)   Current prenatal problems such as hypertensive disorders of pregnancy, diabetes, cardiac disease, sickle cell anemia, low hemoglobin, mental illness, or drug or alcohol abuse.    (5)   Sociocultural or ethnic problems such as language barriers, lack of family support, insufficient dietary practices, history of child abuse or neglect, or single mother.    (6)   Preexisting disabilities such as sensory deficits, or mental or physical disabilities.    (7)   Second pregnancy in 12 months.    (8)   Death of a close family member or significant other within the previous year.    c.    The following list of potential high-risk factors may indicate a need for home health services to postpartum maternity patients:    (1)   Aged 16 or under.    (2)   First pregnancy for a woman aged 35 or over.    (3)   Major postpartum complications such as severe hemorrhage, eclampsia, or C-section delivery.    (4)   Preexisting mental or physical disabilities such as deaf, blind, hemiplegic, activity-limiting disease, sickle cell anemia, uncontrolled hypertension, uncontrolled diabetes, mental illness, or intellectual disability.    (5)   Drug or alcohol abuse.    (6)   Symptoms of postpartum psychosis.    (7)   Special sociocultural or ethnic problems such as lack of job, family problems, single mother, lack of support system, or history of child abuse or neglect.    (8)   Demonstrated disturbance in maternal and infant bonding.    (9)   Discharge or release from hospital against medical advice before 36 hours postpartum.    (10)   Insufficient antepartum care by history.    (11)   Multiple births.    (12)   Nonhospital delivery.    d.    The following list of potential high-risk factors may indicate a need for home health services to infants:    (1)   Birth weight of five pounds or under or over ten pounds.    (2)   History of severe respiratory distress.    (3)   Major congenital anomalies such as neonatal complications which necessitate planning for long-term follow-up such as postsurgical care, poor prognosis, home stimulation activities, or periodic development evaluation.    (4)   Disabling birth injuries.    (5)   Extended hospitalization and separation from other family members.    (6)   Genetic disorders, such as Down’s syndrome, and phenylketonuria or other metabolic conditions that may lead to intellectual disability.    (7)   Noted parental rejection or indifference toward baby such as never visiting or calling the hospital about the baby’s condition during the infant’s extended stay.    (8)   Family sociocultural or ethnic problems such as low education level or lack of knowledge of child care.    (9)   Discharge or release against medical advice before 36 hours of age.    (10)   Nutrition or feeding problems.    e.    The following list of potential high-risk factors may indicate a need for home health services to preschool or school-age children:    (1)   Child or sibling victim of child abuse or neglect.    (2)   Intellectual disability or other physical disabilities necessitating long-term follow-up or major readjustments in family lifestyle.    (3)   Failure to complete the basic series of immunizations by 18 months, or boosters by 6 years.    (4)   Chronic illness such as asthma, cardiac, respiratory or renal disease, diabetes, cystic fibrosis, or muscular dystrophy.    (5)   Malignancies such as leukemia or carcinoma.    (6)   Severe injuries necessitating treatment or rehabilitation.    (7)   Disruption in family or peer relationships.    (8)   Suspected developmental delay.    (9)   Nutritional deficiencies.    78.9(10) Private duty nursing or personal care services for persons aged 20 and under.  Payment for private duty nursing or personal care services for persons aged 20 and under shall be approved if determined to be medically necessary. Payment shall be made on an hourly unit of service.    a.    Definitions.    (1)   Private duty nursing services are those services which are provided by a registered nurse or a licensed practical nurse under the direction of the member’s physician to a member in the member’s place of residence or outside the member’s residence, when normal life activities take the member outside the place of residence. Place of residence does not include nursing facilities, intermediate care facilities for the mentally retarded, or hospitals.Services shall be provided according to a written plan of care authorized by a licensed physician. The home health agency is encouraged to collaborate with the member, or in the case of a child with the child’s caregiver, in the development and implementation of the plan of treatment. These services shall exceed intermittent guidelines as defined in subrule 78.9(3). Private duty nursing and personal care services shall be inclusive of all home health agency services personally provided to the member. Enhanced payment under the interim fee schedule shall be made available for services to children who are technology dependent, i.e., ventilator dependent or whose medical condition is so unstable as to otherwise require intensive care in a hospital.Private duty nursing or personal care services do not include:
    1. Respite care, which is a temporary intermission or period of rest for the caregiver.
    2. Nurse supervision services including chart review, case discussion or scheduling by a registered nurse.
    3. Services provided to other persons in the member’s household.
    4. Services requiring prior authorization that are provided without regard to the prior authorization process.
    5. Transportation services.
    6. Homework assistance.
        (2)   Personal care services are those services provided by a home health aide or certified nurse’s aide and which are delegated and supervised by a registered nurse under the direction of the member’s physician to a member in the member’s place of residence or outside the member’s residence, when normal life activities take the member outside the place of residence. Place of residence does not include nursing facilities, intermediate care facilities for the mentally retarded, or hospitals. Payment for personal care services for persons aged 20 and under that exceed intermittent guidelines may be approved if determined to be medically necessary as defined in subrule 78.9(7). These services shall be in accordance with the member’s plan of care and authorized by a physician. The home health agency is encouraged to collaborate with the member, or in the case of a child with the child’s caregiver, in the development and implementation of the plan of treatment.Medical necessity means the service is reasonably calculated to prevent, diagnose, correct, cure, alleviate or prevent the worsening of conditions that endanger life, cause pain, result in illness or infirmity, threaten to cause or aggravate a disability or chronic illness, and no other equally effective course of treatment is available or suitable for the member requesting a service.
        b.    Requirements.    (1)   Private duty nursing or personal care services shall be ordered in writing by a physician as evidenced by the physician’s signature on the plan of care.    (2)   Private duty nursing or personal care services shall be authorized by the department or the department’s designated review agent prior to payment.    (3)   Prior authorization shall be requested at the time of initial submission of the plan of care or at any time the plan of care is substantially amended and shall be renewed with the department or the department’s designated review agent. Initial request for and request for renewal of prior authorization shall be submitted to the department’s designated review agent. The provider of the service is responsible for requesting prior authorization and for obtaining renewal of prior authorization.The request for prior authorization shall include a nursing assessment, the plan of care, and supporting documentation. The request for prior authorization shall include all items previously identified as required treatment plan information and shall further include: any planned surgical interventions and projected time frame; information regarding caregiver’s desire to become involved in the member’s care, to adhere to program objectives, to work toward treatment plan goals, and to work toward maximum independence; and identify the types and service delivery levels of all other services to the member whether or not the services are reimbursable by Medicaid. Providers shall indicate the expected number of private duty nursing RN hours, private duty nursing LPN hours, or home health aide hours per day, the number of days per week, and the number of weeks or months of service per discipline. If the member is currently hospitalized, the projected date of discharge shall be included.Prior authorization approvals shall not be granted for treatment plans that exceed 16 hours of home health agency services per day. (Cross reference 78.28(10))
        78.9(11) Vaccines.  In order to be paid for the administration of a vaccine covered under the Vaccines for Children (VFC) Program, a home health agency must enroll in the VFC program. Payment for the vaccine will be approved only if the VFC program stock has been depleted.       This rule is intended to implement Iowa Code section 249A.4.
    ARC 5337CHuman Services Department[441]Notice of Intended Action

    Proposing rule making related to child development homes and child care homes and providing an opportunity for public comment

        The Human Services Department hereby proposes to amend Chapter 110, “Child Development Homes,” and Chapter 120, “Child Care Homes,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code chapter 237.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 237.Purpose and Summary    This proposed rule making modifies rules to allow child development homes to care for their total capacity of children without an assistant during an emergency school closing.    Rules are also being updated to ensure child development homes and child care provider agreements are in compliance with federal regulations requiring procedures to be in place regarding the inspection and handling of hazardous materials and biocontaminants by the Department.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 5, 2021. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.usPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend subrule 110.6(3) as follows:    110.6(3) Exception for emergency school closing.  On days when schoolsstart late, are dismissed early, or arecanceled or closed due to emergencies such as inclement weather,or physical plant failure, structural damage, or public health emergency, a child development home may have additional children present in accordance with the authorization for the registration category of the home and subject to all of the following conditions:    a.    The child development home has prior written approval from the parent or guardian of each child present in the home concerning the presence of additional children in the home.    b.    The child development home has a department-approved assistant, aged 14 or older, on duty to assist the care provider, as required for the registration category of the home.    c.    b.    One or more of the following conditions are applicable to each of the additional children present in the child development home:    (1)   The home provides care to the child on a regular basis for periods of less than two hours.    (2)   If the child were not present in the child development home, the child would be unattended.    (3)   The home regularly provides care to a sibling of the child.    d.    c.    The provider shall maintain a written record including the date of the emergency school closing, the reason for the closing, and the number of children in care on that date.

        ITEM 2.    Adopt the following new paragraph 110.8(3)"e":    e.    The provider shall establish procedures related to infectious disease control and handling of any bodily excrement or discharge, including blood and breast milk. Soiled diapers shall be stored in containers separate from other waste.

        ITEM 3.    Amend paragraph 110.14(1)"f" as follows:    f.    If more than eight children are present at any one time for a period of more than two hours, the provider shall be assisted by a department-approved assistant who is at least 14 years old, unless extra children are present as a result of an emergency school closing.

        ITEM 4.    Amend paragraph 110.15(1)"e" as follows:    e.    No more than 16 children shall be present at any one time when an emergency school closing is in effect. If more than eight children are present at any one time due to an emergency school closing exception, the provider shall be assisted by a department-approved assistant who is at least 18 years of age.

        ITEM 5.    Adopt the following new paragraph 120.8(3)"e":    e.    The provider shall establish procedures related to infectious disease control and handling of any bodily excrement or discharge, including blood and breast milk. Soiled diapers shall be stored in containers separate from other waste.
    ARC 5335CInspections and Appeals Department[481]Notice of Intended Action

    Proposing rule making related to criminal history background checks and providing an opportunity for public comment

        The Inspections and Appeals Department hereby proposes to amend Chapter 50, “Health Care Facilities Administration,” Chapter 51, “Hospitals,” Chapter 58, “Nursing Facilities,” and Chapter 67, “General Provisions for Elder Group Homes, Assisted Living Programs, and Adult Day Services,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 10A.104, 135B.7, 135C.14, 231B.2, 231C.3 and 231D.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 10A.104, 135B.34, 135C.33, 231B.2(8), 231C.3(9) and 231D.14 and 2020 Iowa Acts, Senate File 2299.Purpose and Summary    The proposed amendments implement changes made to Iowa Code chapters 135B and 135C resulting from the enactment of 2020 Iowa Acts, Senate File 2299. The legislation establishes a process for provisional employment of employees and students of hospitals, health care facilities, assisted living programs, elder group homes, and adult day services upon the completion of a comprehensive criminal background check; defines “comprehensive criminal background check”; and sets forth the conditions under which such employment is permitted.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6. Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 5, 2021. Comments should be directed to: Ashleigh Hackel Iowa Department of Inspections and Appeals Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: ashleigh.hackel@dia.iowa.govPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Adopt the following new definition of “Comprehensive preliminary background check” in subrule 50.9(1):        "Comprehensive preliminary background check" means a criminal history check of all states in which the applicant has worked or resided over the seven-year period immediately prior to submitting an application for employment or participation in a certified nurse aide training program that is conducted by an approved third-party vendor.

        ITEM 2.    Amend subrule 50.9(3) as follows:    50.9(3) Requirements for employer prior to employing an individual.  Prior to employment of a person in a facility, the facility shall request that the department of public safety perform a criminal history check and the department of human services perform child and dependent adult abuse record checks of the person in this statecomplete the background check requirements set forth below.    a.    Informing the prospective employee.A facility shall ask each person seeking employment by the facility, “Do you have a record of founded child or dependent adult abuse or have you ever been convicted of a crime other than a simple misdemeanor offense relating to motor vehicles and laws of the road under Iowa Code chapter 321 or equivalent provisions, in this state or any other state?” In addition, the person shall be informed that a background check will be conducted. The person shall indicate, by signature, that the person has been informed that the background check will be conducted. (I, II, III)    b.    Conducting a background check.The facility mayshall either request that the department of public safety perform a criminal history check and that the department of human services perform child and dependent adult abuse record checks of the person in this state, or access the single contact repository (SING) to perform the required background check. If the SING is used, the facility shall submit the person’s maiden name, if applicable, with the background check request. If the SING is not used, the facility must obtain a criminal history check from the department of public safety and a check of the child and dependent adult abuse registries from the department of human services. (I, II, III)    c.    If a person being considered for employment has been convicted of a crime.If a person being considered for employment in a facility has been convicted of a crime under a law of any state, the department of public safety shall notify the facility that upon the request of the facilityshall request that the department of human services will perform an evaluation to determine whether the crime warrants prohibition of the person’s employment in the facility. (I, II, III)    d.    If a person being considered for employment has a record of founded child or dependent adult abuse.If a department of human services child or dependent adult abuse record check shows that a person being considered for employment in a facility has a record of founded child or dependent adult abuseunder a law of any state, the department of human services shall notify the facility that upon the request of the facilityshall request that the department of human services will perform an evaluation to determine whether the founded child or dependent adult abuse warrants prohibition of the person’s employment in the facility. (I, II, III)    e.    Employment pending evaluation.The facility may employ a person for not more than 60 calendar days pending the completion of the evaluation by the department of human services if all of the following apply. The 60-day period begins on the first day of the person’s employment.The facility may provisionally employ a person prior to completion of the required record check and evaluation by the department of human services, as applicable, subject to all of the following:    (1)   The person is being considered for employment other than employment involving the operation of a motor vehicle;    (2)   The person does not have a record of founded child or dependent adult abuse;    (3)   The person has been convicted of a crime that is a simple misdemeanor offense under Iowa Code section 123.47 or a first offense of operating a motor vehicle while intoxicated under Iowa Code section 321J.2(1); and    (4)   The facility has requested that the department of human services perform an evaluation to determine whether the crime warrants prohibition of the person’s employment. (I, II, III)    (1)   The facility shall have accessed SING to perform the required record check and be awaiting results from SING or awaiting evaluation by the department of human services, as applicable;    (2)   If applicable, the facility shall request an evaluation by the department of human services in accordance with paragraph 50.9(3)“c” or “d” within 30 days of receipt of the SING record check results;    (3)   The facility shall have utilized an approved third-party vendor to perform a comprehensive preliminary background check;    (4)   If the comprehensive preliminary background check determines that the person being considered for employment has been convicted of a crime, the crime does not constitute a felony as defined in Iowa Code section 701.7 and is not a crime specified pursuant to Iowa Code chapter 708, 708A, 709, 709A, 710, 710A, 711, or 712 or pursuant to Iowa Code section 726.3, 726.7, or 726.8;    (5)   The comprehensive preliminary background check shall have determined that the person being considered for employment does not have a record of founded child abuse or dependent adult abuse, or, if the person being considered for employment does have a record of founded child abuse or dependent adult abuse, subrule 50.9(8) is applicable; and    (6)   The provisional employment may continue until such time as the required record check through SING and evaluation by the department of human services, as applicable, are completed. (I, II, III)

        ITEM 3.    Amend subrule 50.9(5) as follows:    50.9(5) Employment prohibition.  AExcept as provided in paragraph 50.9(3)“e,” a person who has committed a crime or has a record of founded child or dependent adult abuse shall not be employed in a facility unless an evaluation has been performed by the department of human services. (I, II, III)

        ITEM 4.    Amend subrule 50.9(12) as follows:    50.9(12) Certified nurse aide training program students.  Prior to a student’s beginning or returning to a certified nurse aide training program, the program shall request that the department of public safety perform a criminal history check and the department of human services perform child and dependent adult abuse record checks, in this state, of the studenteither request that the department of public safety perform a criminal history check and that the department of human services perform child and dependent adult abuse record checks of the person in this state, or access the SING to perform the required background check.    a.    Prohibition of involvement in clinical education.IfExcept as provided in paragraph 50.9(1)“b,” if a student has a criminal record or a record of founded child or dependent adult abuse, the student shall not be involved in a clinical education component of the certified nurse aide training program involving children or dependent adults unless an evaluation has been performed by the department of human services. The evaluation shall be performed upon request of the certified nurse aide training program.    b.    Involvement in clinical education component pending evaluation.The training program may allow the student’s participation in the clinical education component for not more than 60 calendar days pending the completion of the evaluation by the department of human services if all of the following apply. The 60-day period begins on the first day of the student’s participation in the clinical education component.The training program may provisionally allow the student’s participation in the clinical education component of the certified nurse aide training program pending completion of the required record check and evaluation by the department of human services, as applicable, subject to all of the following:    (1)   The student’s clinical education component of the training program involves children or dependent adults but does not involve the operation of a motor vehicle;    (2)   The student does not have a record of founded child or dependent adult abuse;    (3)   The student has been convicted of a crime that is a simple misdemeanor offense under Iowa Code section 123.47 or a first offense of operating a motor vehicle while intoxicated under Iowa Code section 321J.2(1); and    (4)   The training program has requested that the department of human services perform an evaluation to determine whether the crime warrants prohibition of the student’s involvement in the clinical education component.    (1)   The training program shall have accessed SING to perform the required record check and be awaiting results from SING or awaiting evaluation by the department of human services, as applicable;    (2)   If applicable, the training program shall request an evaluation by the department of human services in accordance with paragraph 50.9(12)“a” within 30 days of receipt of the SING record check results;    (3)   The training program shall have utilized an approved third-party vendor to perform a comprehensive preliminary background check;    (4)   If the comprehensive preliminary background check determines that the student being considered for participation has been convicted of a crime, the crime does not constitute a felony as defined in Iowa Code section 701.7 and is not a crime specified pursuant to Iowa Code chapter 708, 708A, 709, 709A, 710, 710A, 711, or 712 or pursuant to Iowa Code section 726.3, 726.7, or 726.8;    (5)   The comprehensive preliminary background check shall have determined that the student does not have a record of founded child abuse or dependent adult abuse, or, if the student does have a record of founded child abuse or dependent adult abuse, subrule 50.9(8) is applicable; and    (6)   The provisional participation may continue until such time as the required record check through SING and evaluation by the department of human services, as applicable, are completed.    c.    Student notification of criminal conviction or founded abuse after performance of record checks and evaluation.If a student is convicted of a crime or has a record of founded child or dependent adult abuse entered in the abuse registry after the record checks and any evaluation have been performed, the student shall inform the certified nurse aide training program of such information within 48 hours of the criminal conviction or entry of the record of founded child or dependent adult abuse.    (1)   The program shall act to verify the information within seven calendar days of notification. “Verify,” for purposes of this paragraph, means to access the single contact repository (SING) to perform a background check, to request a criminal background check from the department of public safety, to request an abuse record check from the department of human services, to conduct an online search through the Iowa Courts Online website, or to contact the county clerk of court office and obtain a copy of relevant court documents. If the information is verified, the program shall follow the requirements of paragraph 50.9(12)“a” to determine whether or not the student’s involvement in a clinical education component may continue.    (2)   The program may allow the student involvement to continue pending the performance of an evaluation by the department of human services.    (3)   A student who is required to inform the program of a conviction or entry of an abuse record and fails to do so within the required period commits a serious misdemeanor under Iowa Code section 135C.33.    (4)   The program may notify the county attorney for the county where the program is located of any violation or failure by a student to notify the program of a criminal conviction or entry of an abuse record within the period required by this paragraph.    d.    Program receipt of credible information that a student has been convicted of a crime or has a record of founded abuse.If a program receives credible information, as determined by the program, that a student has been convicted of a crime or a record of founded child or dependent adult abuse has been entered in the abuse registry after the record checks and any evaluation have been performed, from a person other than the student, and the student has not informed the program of such information within 48 hours, the program shall act to verify the credible information within seven calendar days of receipt of the credible information. “Verify,” for purposes of this paragraph, means to access the single contact repository (SING) to perform a background check, to request a criminal background check from the department of public safety, to request an abuse record check from the department of human services, to conduct an online search through the Iowa Courts Online website, or to contact the county clerk of court office and obtain a copy of relevant court documents. If the information is verified, the requirements of paragraph 50.9(12)“a” shall be applied to determine whether or not the student’s involvement in a clinical education component may continue.    e.    Completion of a certified nurse aide training program conducted by the health care facility.If a certified nurse aide training program is conducted by the facility and a student of that program accepts and begins employment with the facility within 30 days of completing the program, the background check of the student performed prior to beginning the training program shall fulfill the criminal and abuse background check requirements. The facility shall maintain the proof required in subrule 50.9(11). (I, II, III)

        ITEM 5.    Amend rule 481—50.9(135C), implementation sentence, as follows:       This rule is intended to implement Iowa Code section 135C.14 and section 135C.33 as amended by 2013 Iowa Acts, Senate File 347.

        ITEM 6.    Adopt the following new definition of “Comprehensive preliminary background check” in subrule 51.41(1):        "Comprehensive preliminary background check" means a criminal history check of all states in which the applicant has worked or resided over the seven-year period immediately prior to submitting an application for employment that is conducted by an approved third-party vendor.

        ITEM 7.    Amend subrule 51.41(2) as follows:    51.41(2) Requirements for employer prior to employing an individual.  Prior to employment of a person in a hospital, the hospital shall request that the department of public safety perform a criminal history check and that the department of human services perform child and dependent adult abuse record checks of the person in this statecomplete the background check requirements set forth below.    a.    Informing the prospective employee.A hospital shall ask each person seeking employment by the hospital, “Do you have a record of founded child or dependent adult abuse or have you ever been convicted of a crime in this state or any other state?” The person shall also be informed that a background check will be conducted. The person shall indicate, by signature, that the person has been informed that the background check will be conducted.    b.    Conducting a background check.The hospital mayshall either request that the department of public safety perform a criminal history check and that the department of human services perform child and dependent adult abuse record checks of the person in this state, or access the single contact repository (SING) to perform the required background check. If the SING is used, the hospital shall submit the person’s maiden name, if applicable, with the background check request. If SING is not used, the hospital must obtain a criminal history check from the department of public safety and a check of the child and dependent adult abuse registries from the department of human services.    c.    If a person considered for employment has been convicted of a crime.If a person being considered for employment in a hospital has been convicted of a crime under a law of any state, the department of public safety shall notify the hospital that upon the request of the hospitalshall request that the department of human services will perform an evaluation to determine whether the crime warrants prohibition of the person’s employment in the hospital.    d.    If a person considered for employment has a record of founded child abuse or dependent adult abuse.If a department of human services child or dependent adult abuse record check shows that a person being considered for employment in a hospital has a record of founded child or dependent adult abuseunder a law of any state, the department of human services shall notify the hospital that upon the request of the hospitalshall request that the department of human services will perform an evaluation to determine whether the founded child or dependent adult abuse warrants prohibition of employment in the hospital.    e.    Employment pending evaluation.The hospital may employ a person for not more than 60 calendar days pending the completion of the evaluation by the department of human services if all of the following apply. The 60-day period begins on the first day of the person’s employment.The hospital may provisionally employ a person prior to completion of the required record check and evaluation by the department of human services, as applicable, subject to all of the following:    (1)   The person is being considered for employment other than employment involving the operation of a motor vehicle;    (2)   The person does not have a record of founded child or dependent adult abuse;    (3)   The person has been convicted of a crime that is a simple misdemeanor offense under Iowa Code section 123.47 or a first offense of operating a motor vehicle while intoxicated under Iowa Code section 321J.2, subsection 1; and    (4)   The hospital has requested an evaluation to determine whether the crime warrants prohibition of the person’s employment.    (1)   The hospital shall have accessed SING to perform the required record check and be awaiting results from SING or awaiting evaluation by the department of human services, as applicable;    (2)   If applicable, the hospital shall request an evaluation by the department of human services in accordance with paragraph 51.41(2)“b” or “c” within 30 days of receipt of the SING record check results;    (3)   The hospital shall have utilized an approved third-party vendor to perform a comprehensive preliminary background check;    (4)   If the comprehensive preliminary background check determines that the person being considered for employment has been convicted of a crime, the crime does not constitute a felony as defined in Iowa Code section 701.7 and is not a crime specified pursuant to Iowa Code chapter 708, 708A, 709, 709A, 710, 710A, 711, or 712 or pursuant to Iowa Code section 726.3, 726.7, or 726.8;    (5)   The comprehensive preliminary background check shall have determined that the person being considered for employment does not have a record of founded child abuse or dependent adult abuse, or, if the person being considered for employment does have a record of founded child abuse or dependent adult abuse, subrule 51.41(6) is applicable; and    (6)   The provisional employment may continue until such time as the required record check through SING and evaluation by the department of human services, as applicable, are completed.    f.    Validity of background check results.The results of a background check conducted pursuant to this rule shall be valid for a period of 30 calendar days from the date the results of the background check are received by the hospital.

        ITEM 8.    Amend subrule 51.41(3) as follows:    51.41(3) Employment prohibition.  AExcept as provided in paragraph 51.41(2)“e,” a person who has committed a crime or has a record of founded child or dependent adult abuse shall not be employed in a hospital unless an evaluation has been performed by the department of human services.

        ITEM 9.    Amend rule 481—51.41(135B), implementation sentence, as follows:       This rule is intended to implement Iowa Code sections 135B.7 and 135B.34 and 2013 Iowa Acts, Senate File 3472020 Iowa Acts, Senate File 2299.

        ITEM 10.    Amend subrule 58.11(3) as follows:    58.11(3) Employee criminal record checks, child abuse checks and dependent adult abuse checks and employment of individuals who have committed a crime or have a founded abuse.  The facility shall comply with the requirements found in Iowa Code section 135C.33 as amended by 2013 Iowa Acts, Senate File 347, and rule 481—50.9(135C) related to completion of criminal record checks, child abuse checks, and dependent adult abuse checks and to employment of individuals who have committed a crime or have a founded abuse. (I, II, III)

        ITEM 11.    Adopt the following new definition of “Comprehensive preliminary background check” in subrule 67.19(1):        "Comprehensive preliminary background check" means a criminal history check of all states in which the applicant has worked or resided over the seven-year period immediately prior to submitting an application for employment that is conducted by an approved third-party vendor.

        ITEM 12.    Amend subrule 67.19(3) as follows:    67.19(3) Requirements for employer prior to employing an individual.  Prior to employment of a person in a program, the program shall request that the department of public safety perform a criminal history check and the department of human services perform child and dependent adult abuse record checks of the person in this statecomplete the background check requirements set forth below.    a.    Informing the prospective employee.A program shall ask each person seeking employment by the program, “Do you have a record of founded child or dependent adult abuse or have you ever been convicted of a crime other than a simple misdemeanor offense relating to motor vehicles and laws of the road under Iowa Code chapter 321 or equivalent provisions in this state or any other state?” The person shall also be informed that a background check will be conducted. The person shall indicate, by signature, that the person has been informed that the background check will be conducted.    b.    Conducting a background check.The programshall either request that the department of public safety perform a criminal history check and that the department of human services perform child and dependent adult abuse record checks of the person in this state, or may access the single contact repository (SING) to perform the required background check. If the SING is used, the program shall submit the person’s maiden name, if applicable, with the background check request. If SING is not used, the program must obtain a criminal history check from the department of public safety and a check of the child and dependent adult abuse registries from the department of human services.    c.    If a person considered for employment has been convicted of a crime.If a person being considered for employment in a program has been convicted of a crime under a law of any state, the department of public safety shall notify the program that upon the request of the programshall request that the department of human services will perform an evaluation to determine whether the crime warrants prohibition of the person’s employment in the program.    d.    If a person considered for employment has a record of founded child abuse or dependent adult abuse.If a department of human services child or dependent adult abuse record check shows that a person being considered for employment in a program has a record of founded child or dependent adult abuseunder the law of any state, the department of human services shall notify the program that upon the request of the programshall request that the department of human services will perform an evaluation to determine whether the founded child or dependent adult abuse warrants prohibition of employment in the program.    e.    Employment pending evaluation.The program may employ a person for not more than 60 calendar days pending the completion of the evaluation by the department of human services if all of the following apply. The 60-day period begins on the first day of the person’s employment.The program may provisionally employ a person prior to completion of the required record check and evaluation by the department of human services, as applicable, subject to all of the following:    (1)   The person is being considered for employment other than employment involving the operation of a motor vehicle;    (2)   The person does not have a record of founded child or dependent adult abuse;    (3)   The person has been convicted of a crime that is a simple misdemeanor offense under Iowa Code section 123.47 or a first offense of operating a motor vehicle while intoxicated under Iowa Code section 321J.2, subsection 1; and    (4)   The program has requested an evaluation to determine whether the crime warrants prohibition of the person’s employment.    (1)   The program shall have accessed SING to perform the required record check and be awaiting results from SING or awaiting evaluation by the department of human services, as applicable;    (2)   If applicable, the program shall request an evaluation by the department of human services in accordance with paragraph 67.19(3)“c” or “d” within 30 days of receipt of the SING record check results;    (3)   The program shall have utilized an approved third-party vendor to perform a comprehensive preliminary background check;    (4)   If the comprehensive preliminary background check determines that the person being considered for employment has been convicted of a crime, the crime does not constitute a felony as defined in Iowa Code section 701.7 and is not a crime specified pursuant to Iowa Code chapter 708, 708A, 709, 709A, 710, 710A, 711, or 712 or pursuant to Iowa Code section 726.3, 726.7, or 726.8;    (5)   The comprehensive preliminary background check shall have determined that the person being considered for employment does not have a record of founded child abuse or dependent adult abuse, or, if the person being considered for employment does have a record of founded child abuse or dependent adult abuse, subrule 67.19(8) is applicable; and    (6)   The provisional employment may continue until such time as the required record check through SING and evaluation by the department of human services, as applicable, are completed.

        ITEM 13.    Amend subrule 67.19(5) as follows:    67.19(5) Employment prohibition.  AExcept as provided in paragraph 67.19(3)“e,” a person who has committed a crime or has a record of founded child or dependent adult abuse shall not be employed in a program unless an evaluation has been performed by the department of human services.

        ITEM 14.    Amend rule 481—67.19(135C,231B,231C,231D), implementation sentence, as follows:       This rule is intended to implement Iowa Code sections 231B.2(1), 231C.3(1), 231D.2(2), and 135C.33 and 2013 Iowa Acts, Senate File 3472020 Iowa Acts, Senate File 2299.
    ARC 5315CRacing and Gaming Commission[491]Notice of Intended Action

    Proposing rule making related to wagering and horse racing and providing an opportunity for public comment

        The Racing and Gaming Commission hereby proposes to amend Chapter 8, “Pari-Mutuel Wagering, Simulcasting and Advance Deposit Wagering,” Chapter 10, “Thoroughbred and Quarter Horse Racing,” and Chapter 14, “Fantasy Sports Contests,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 99D.7, 99E.3 and 99F.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 99D, 99E and 99F.Purpose and Summary    Item 1 rescinds unneeded definitions.    Item 2 adds helmet and vest safety specifics.    Items 3 and 4 add reporting requirements for helmet and vest safety.    Item 5 clarifies jockey agent representation.    Item 6 adds additional circumstances in which a horse is ineligible to race.    Item 7 clarifies a circumstance in which a horse is ineligible to start.    Item 8 clarifies what consecutive days are for entries.    Item 9 clarifies requirements for thoroughbred workouts.    Item 10 restructures subrule 10.6(9) to account for the two new paragraphs proposed in Item 11.    Item 11 clarifies requirements for quarter horse workouts.    Item 12 specifies when claims are allowed.    Item 13 adds additional specificity for requirements to disallow a claim.    Item 14 clarifies when an actual void takes place when stewards void a claim.    Item 15 changes the rule violation reporting requirement time period.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any. Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Commission no later than 4:30 p.m. on January 5, 2021. Comments should be directed to: Barb Blake Iowa Racing and Gaming Commission 1300 Des Moines Street Des Moines, Iowa 50309 Email: barb.blake@iowa.govPublic Hearing    A public hearing at which persons may present their views orally or in writing will be held as follows: January 5, 2021 9 a.m. Commission Office, Suite 100 1300 Des Moines Street Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commission and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Rescind the definitions of “Pick (n),” “Pick three” and “Place pick (n) pools” in rule 491—8.1(99D).

        ITEM 2.    Adopt the following new paragraphs 10.2(9)"a" and 10.2(9)"b":    a.    A jockey participating in a race shall have a helmet that is not altered and complies with one of the following standards:    (1)   American Society for Testing and Materials (ASTM 1163).    (2)   European Standards (EN-1384 or PAS-015 or VG1).    (3)   Australian/New Zealand Standards (AS/NZ 3838).    (4)   ARB HS 2012.    (5)   Snell Equestrian Standard 2001.    b.    A jockey participating in a race shall have a vest that is not altered and complies with one of the following minimum safety standards:    (1)   British Equestrian Trade Association (BETA) 2000 Level 1.    (2)   Euro Norm (EN) 13158:2000 Level 1.    (3)   American Society for Testing and Materials (ASTM) F2681-08 or F1937.    (4)   Shoe and Allied Trade Research Association (SATRA) Jockey Vest Document M6 Issue 3.    (5)   Australian Racing Board (ARB) Standard 1.1998.

        ITEM 3.    Amend paragraph 10.4(11)"g" as follows:    g.    Report to the stewards any unusual occurrences in the jockey roomor infraction of the rules with respect to helmets and vests;

        ITEM 4.    Amend paragraph 10.4(13)"i" as follows:    i.    Promptly report to the stewards any infraction of the rules with respect to riding equipment,; safety equipment,including, but not limited to, helmets and vests; riding crops,; or conduct.

        ITEM 5.    Amend subparagraph 10.5(4)"a" as follows:    (5)   No jockey agent shall represent more than two jockeys and one apprentice jockey at the same time except:
    1. A jockey agent may represent three jockeys at a “mixed” meeting so long as no more than two of the jockeys ride the same breed.In addition, a jockey agent may represent one apprentice jockey who may ride either breed.
    2. A jockey agent may represent three jockeys at a race meeting exclusive of thoroughbred racing.

        ITEM 6.    Adopt the following new subparagraphs 10.6(1)"a" to 10.6(1)"a":    (12)   A horse under four years of age has been injected with bisphosphonates. A horse four years of age or older may only be administered bisphosphonate if the bisphosphonate is Food and Drug Administration-approved for use in the horse and administered in accordance with the label requirements and only for diagnosed cases of navicular disease. If bisphosphonate is administered as permitted by rule, the commission shall be notified within 24 hours of the administration. If bisphosphonate is detected in sampling or if a horse is administered bisphosphonate, the horse shall be placed on the veterinarian’s list for no less than six months.     (13)   A horse has had any intra-articular joint injection within the past six days. For the purpose of counting the number of days a horse is ineligible to run following an intra-articular injection, the day of injection is the first day. The detection of two or more corticosteroids constitutes a stacking violation.    (14)   A horse has been administered thyroxine and thyroid modulators/hormones including, but not limited to, those containing T4 (tetraiodothyronine/thyroxine), T3 (triiodothyronine), or combinations thereof. This excludes a horse that has been individually prescribed thyroxine and thyroid modulators/hormones.

        ITEM 7.    Amend subparagraph 10.6(1)"b" as follows:    (8)   The horse is a first-time starter not approved by the starter and does not have a minimum of two publishedofficial workoutsfor quarter horses or a minimum of three official workouts for thoroughbreds.

        ITEM 8.    Amend paragraph 10.6(2)"f" as follows:    f.    Consecutive days. No horse shall be run twice within fivefour consecutive calendar days.For the purpose of this rule, the day after the start shall count as the first day.

        ITEM 9.    Rescind paragraph 10.6(9)"a" and adopt the following new paragraph in lieu thereof:    a.    Thoroughbreds, when required.    (1)   No horse shall be allowed to start unless the horse has raced in an official race or has had an approved official timed workout satisfactory to the stewards, and adheres to the following for horses that are not first-time starters:    1.   A horse that has not started for a period of 60 days or more shall have had an official workout satisfactory to the stewards prior to the day of the race in which the horse started, and the horse must have had an official workout within the previous 30 days.    2.   A horse that has not started for a period of 180 days or more shall have had two official workouts, one of which must have occurred within the previous 30 days prior to the day of the race in which the horse started.    3.   A horse that has not started for a period of 365 days or more shall fulfill the following requirements before being allowed to start:
  • The horse must have had three official workouts.
  • One of the three official workouts must have been from the starting gate going at least one-half mile, within 60 days of starting.
  •     (2)   No first-time starter shall be allowed to race unless it has had three official workouts, with one having occurred from the gate within the previous 60 days and is approved to start from the gate by the starter.

        ITEM 10.    Reletter paragraphs 10.6(9)"b" to 10.6(9)"d" as 10.6(9)"d" to 10.6(9)"f".

        ITEM 11.    Adopt the following new paragraphs 10.6(9)"b" and 10.6(9)"c":    b.    Quarter horses, when required.    (1)   No horse shall be allowed to start unless the horse has raced in an official race or has had an approved official timed workout satisfactory to the stewards, and adheres to the following for horses that are not first-time starters:    1.   A horse that has not started for a period of 60 days or more shall be ineligible to race until it has had an official workout satisfactory to the stewards prior to the day of the race in which the horse started, and the horse must have had an official workout within the previous 60 days.    2.   A horse that has not started for a period of 180 days or more shall have had two official workouts, one of which must have occurred within the previous 60 days.    3.   A horse that has not started for a period of 365 days or more shall fulfill the following requirements before being allowed to start:
  • The horse must have had two official workouts.
  • One of the two official workouts must have been from the starting gate within 60 days of starting.
  •     (2)   No first-time starter shall be allowed to race unless it has had two official workouts, with one having occurred from the gate within the previous 60 days and is approved to start from the gate by the starter.
        c.    Counting of days.For the purpose of counting the number of days a horse is ineligible to start, the day after the workout shall be considered the first day.

        ITEM 12.    Amend subparagraph 10.6(18)"a" as follows:    (1)   Registered to race or open claim. No person may file a claim for any horse unless the person:
    1. Is a licensed owner at the meeting who either has foal paper(s) registered with the racing secretary’s office or has started a horse at the meeting; or
    2. Is a licensed authorized agent, authorized to claim for an owner eligible to claim; or
    3. Has a valid open claim certificate. Any person not licensed as an owner, or a licensed authorized agent for the account of the same, or a licensed owner not having foal paper(s) registered with the racing secretary’s office or who has not started a horse at the current meeting may request an open claim certificate from the commission. The person must submit a completed application for a prospective owner’s license to the commission. The applicant must have the name of the trainer licensed by the commission who will be responsible for the claimed horse. A nonrefundable fee must accompany the application along with any financial information requested by the commission. The names of the prospective owners shall be prominently displayed in the offices of the commission and the racing secretary. The application will be processed by the commission; and when the open claim certificate is exercised, an owner’s license will be issued.; or
    4. Is not a family member related within the second degree of affinity or consanguinity to the person or ownership entity who owns the horse. For the purpose of determining whether an ownership entity is excluded from claiming a horse or having a horse claimed, a family member within the second degree of affinity or consanguinity shall be defined as a parent, child, grandparent, grandchild, sibling, or in-law who owns or controls 5 percent or more of said entity.

        ITEM 13.    Amend paragraph 10.6(18)"i" as follows:    i.    Disallowance of claim.The stewards may cancel and disallow any claim within 24 hours after a race if they determine that a claim was made upon the basis of a lease, sale, or entry of a horse made for the purpose of fraudulently obtaining the privilege of making a claim; or if an eligible claimant improperly obtains information or access to horses by being present in the paddock during the claiming race unless the claimant has a horse in that claiming race, as determined solely by the stewards. In the event of a disallowance, the stewards may further order the return of a horse to its original owner and the return of all claim moneys.To disallow a claim, it must be shown by clear and convincing evidence that there is a direct and substantial connection between the eligible claimant and the owner or owner’s trainer of the horse to be claimed wherein the eligible claimant improperly gained information about the horse to be claimed and the information was otherwise unavailable to other licensed owners or ownership entities. The mere appearance of impropriety is not a basis for disallowing a claim.

        ITEM 14.    Amend paragraph 10.6(18)"j" as follows:    j.    Protest of claim.A protest to any claim must be filed with the stewards before noon of the day following the date of the race in which the horse was claimed. Nonracing days are excluded from this rule.Should the stewards void a claim for reasons other than failure to follow the procedure for claiming, when there are multiple claims on a singular horse, said claim shall not be voided until after the determination by lot.

        ITEM 15.    Amend subrule 14.8(3), introductory paragraph, as follows:    14.8(3) Reporting.  The licensee shall provide immediateprompt notification of any facts which the licensee has reasonable grounds to believe indicate a violation of law or commission rule committed by licensees, their key persons, or their employees, including without limitation the performance of licensed activities different from those permitted under their license. The licensee is also required to provide a detailed written report within 72 hoursseven business days, or a time frame otherwise approved by the administrator, from the discovery for any of the following:
    ARC 5317CRevenue Department[701]Notice of Intended Action

    Proposing rule making related to barbering, cosmetology, and esthetics and providing an opportunity for public comment

        The Revenue Department hereby proposes to amend Chapter 26, “Sales and Use Tax on Services,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 421.14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 423.2 and 423.36 and 2020 Iowa Acts, Senate File 155.Purpose and Summary    In 2020 Iowa Acts, Senate File 155, the Legislature enacted a change to the definition of “barbershop” in Iowa Code section 158.1 to allow for barber shops to be “readily movable.” Iowa Code section 423.2(6)“g” lists “barber and beauty” among the services subject to sales tax in Iowa. The Department has an existing rule regarding the practice of barbering and beauty that provides sales tax permit requirements for persons providing those services.    The Department reviewed this rule following the enactment of 2020 Iowa Acts, Senate File 155, and determined updates are appropriate. This proposed rule making would remove explanation of activities included in the phrase “barber and beauty” and instead refer to the definitions of “barbering,” “cosmetology,” and “esthetics” from the Iowa Code chapters that govern the practices of those professions. This proposed rule making also adds a definition of “barbershop” to capture the change made in Senate File 155. Additional changes include updating Iowa Code references and replacing the term “gross receipts” with “sales price” in accordance with revisions made to the Iowa Code since the last time this rule was updated.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. No fiscal estimate was associated with 2020 Iowa Acts, Senate File 155.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 701—7.28(17A).Public Comment    Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 5, 2021. Comments should be directed to: Tim Reilly Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.725.2294 Email: tim.reilly@iowa.govPublic Hearing    If requested, a public hearing at which persons may present their views orally or in writing will be held as follows: January 5, 2021 2 to 3 p.m. Room 430, Fourth Floor Hoover State Office Building Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

        ITEM 1.    Amend rule 701—26.9(422) as follows:

    701—26.9(422433) Barber and beauty.      26.9(1) Services subject to sales tax.  Persons engaged in the business of hair cutting, hair styling, hair coloring, wig care, manicuring, pedicuring, applying facial and skin preparations, and all like activities which tend to enhance the appearance of the individualbarbering and beauty are rendering, furnishing, or performing a service, the gross receipts fromsales price of which areis subject to tax.     26.9(2) Definitions.          "Barbering" means the same as defined in Iowa Code section 158.1.         "Barbershop" means the same as defined in Iowa Code section 158.1.        "Beauty" means the same as “cosmetology” and “esthetics” as those terms are defined in Iowa Code section 157.1.    26.9(3) Sales tax permits.      a.    Each “barber, beauty or other beautification shop or establishment” shall receive only one permit and remit tax as one enterprise, when operated under a common management.    b.    When an operator leases space and is an independent operator, the lessee shall notify the department and secure a sales tax permit whereby the lessee will be responsible directly for the sales tax due. In order to be considered independent, the lessee must also be independent from the lessor for the purposes of withholding of income tax, unemployment compensation, and social security taxes.    26.9(4) Leasing.  The lessor who has leased a part of the premises shall report to the department the names and addresses of all lessees. If the lessor is accounting for the lessee’s sales, the lessor shall, after the name of each lessee, show the amount of net taxable sales made by the lessee on each report to the department, and which net taxable sales are included in the lessor’s return. Seealso rule 701—15.11(422,423).       This rule is intended to implement Iowa Code section 422.43sections 423.2(6)“g” and 423.36.
    ARC 5314CTransportation Department[761]Notice of Intended Action

    Proposing rule making related to logo signing and providing an opportunity for public comment

        The Department of Transportation hereby proposes to amend Chapter 118, “Logo Signing,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 306C.11 and 307.12.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 306C.11.Purpose and Summary    This proposed rule making adds a definition of “ramp” to aid in the comprehensibility of the three types of signs (mainline, ramp and trailblazing) involved in the logo program, corrects the name of the Traffic and Safety Bureau, lowers the qualifying standards for restaurants, and expands the attraction category to allow event stadiums to qualify for logo signing. The following paragraphs further explain the proposed amendments to Chapter 118.    The proposed amendments reduce the required minimum hours of operation for food service businesses to qualify for logo signing from 48 hours to 40 hours per week. While most food service businesses exceed the current required minimum hours of operation, some smaller businesses in rural areas may benefit from having the minimum qualifying threshold reduced. Motorists are generally accustomed to checking mobile devices for restaurant information before traveling too far off the main highway to a restaurant that is unfamiliar to them.    Additionally, the proposed amendments reduce the minimum number of meals required per day from three to two for food service businesses to qualify for logo signing. Although the primary purpose of the signing program is to provide helpful and reliable motorist service information, most travelers recognize that certain types of restaurants (pizzerias, steakhouses and pubs) may not be open for breakfast, while others (coffee houses and bakeries) may not be open for evening meal service. Furthermore, the use of mobile devices and vehicle-equipped intelligent systems has increased, allowing for instant access to current information about businesses. Aside from these factors, the existing service panels already display a mix of business signs for two- and three-meals-per-day providers due to the availability of the current exceptions within paragraph 118.4(4)“b” and subparagraphs 118.4(11)“a”(4) and 118.4(11)“d”(1) for the two-meal-per-day providers. The proposed amendments eliminate these exceptions because they will be no longer necessary.    Finally, the proposed amendments expand the provision for racetracks within the “attractions” category to include stadiums, coliseums and arenas, provided the seating capacity is at least 5,000. There are times when effective signing options for major event venues are needed, and these facilities often generate significant traffic volumes during events.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.Public Comment    Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 5, 2021. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy Bureau 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing    If requested, a public hearing to hear oral presentations will be held on January 8, 2021, via conference call from 10 to 11 a.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on January 5, 2021, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing.    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs.     The public hearing will be canceled without further notice if no oral presentation is requested.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Adopt the following new definition of “Ramp” in rule 761—118.2(306C):        "Ramp" means the exit lane which carries decelerating traffic away from the mainline of an interstate or a freeway-primary highway.

        ITEM 2.    Amend subrule 118.4(4) as follows:    118.4(4) Food.      a.    Qualifications.To qualify for placement of a business sign on a food specific service sign, the business must:    (1)   Be appropriately licensed as required by law, including a state food service establishment license, except for a food service operated on Indian lands.    (2)   Operate a minimum of eight40 hours per dayweek, six days per week, and serve threeat least two of the following meals per day: breakfast, lunch, andor dinner.
    1. At a minimum, breakfast shall be served from 10 a.m. to 11 a.m. and shall consist of at least two of the following items: eggs, bacon, ham, sausage, pancakes, waffles, oatmeal, cereal, fruit, muffins, toast, croissants, doughnuts or rolls and at least two of the following drinks: coffee, juice, tea or milk.
    2. At a minimum, lunch shall be served from 11 a.m. to 1 p.m.
    3. At a minimum, dinner shall be served from 5 p.m. to 7 p.m.
        (3)   Provide a public telephone.    (4)   Have its own employees, seating, menu and cash register for the food service. The business sign must identify the entity providing the food service.    (5)   Have seating available for a minimum of ten customers.
        b.    Exceptions.A business that serves only two meals per day may be granted an exception, in accordance with subrule 118.4(11), from the requirement to serve three meals per day.    c.    b.    Seasonal operations.Food service may be operated seasonally. See subrule 118.5(7) for the fee options for seasonal operations.

        ITEM 3.    Amend subparagraph 118.4(7)"a" as follows:    (5)   Maintain normal business hours at least five days per week, totaling at least 40 hours per week. RacetracksFacilities listed in subparagraph 118.4(7)“c”(12) are excepted from this requirement.

        ITEM 4.    Amend subparagraph 118.4(7)"c" as follows:    (12)   Racetrack for horses, dogs, or motorized vehiclesStadium, coliseum, arena or racetrack with a seating capacity of at least 5,000.

        ITEM 5.    Rescind subparagraph 118.4(11)"a".

        ITEM 6.    Amend paragraph 118.4(11)"d" as follows:    d.    After the five-year period has expired and at the end of the fiscal year, the department may remove the business sign from the specific service sign if:    (1)   An exception was granted for maximum distance from the exit, number of meals served or a card-operated fueling station;, an application has been received from a qualified business providing the same type of motorist service as the business granted the exception;, and space is not available on that specific service sign.    (2)   An exception was granted for the situation described in subparagraph 118.4(11)“a”(1); an application has been received from a qualified business for the service type designated for the specific service sign; and space is not available on that service sign.

        ITEM 7.    Amend paragraph 118.5(1)"a" as follows:    a.    A business requesting placement of a business sign upon a mainline specific service sign shall submit a completed application form, provided by the department, along with the application fee, to the Advertising Management Section, Office of Traffic and SafetyBureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.
    ARC 5311CTransportation Department[761]Notice of Intended Action

    Proposing rule making related to OWI and implied consent and providing an opportunity for public comment

        The Department of Transportation hereby proposes to amend Chapter 620, “OWI and Implied Consent,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 307.12 and 321J.20.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 321J.20.Purpose and Summary    This proposed rule making amends Chapter 620 to conform the rules with 2020 Iowa Acts, House File 2411, sections 1 to 3, which amend Iowa Code section 321J.20 to remove participation in the 24/7 sobriety and drug monitoring program (24/7 program) as a condition of obtaining a temporary restricted license (TRL) while serving a driver’s license revocation for an operating while intoxicated (OWI) offense or as a condition of reinstatement after an OWI revocation. The purpose of the legislation is to improve the effectiveness of the 24/7 program. Prior to the 2020 legislation, a person could avoid being subject to the requirement to participate in the 24/7 program by declining to obtain a TRL, which also unintentionally resulted in fewer OWI offenders seeking a TRL. The 2020 legislation now provides the court with the authority to require an eligible OWI offender to participate in the 24/7 program regardless of whether that offender is also eligible for a TRL.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa as the rule making conforms with 2020 Iowa Acts, House File 2411, sections 1 to 3, which remove participation in the 24/7 sobriety and drug monitoring program as a condition of obtaining a TRL while under driver’s license revocation for or reinstating a driver’s license due to an OWI offense.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.Public Comment    Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 5, 2021. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy Bureau 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing    If requested, a public hearing to hear requested oral presentations will be held on January 7, 2021, via conference call from 9 to 10 a.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on January 5, 2021, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing.    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs.     The public hearing will be canceled without further notice if no oral presentation is requested.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Rescind paragraph 620.3(1)"c".

        ITEM 2.    Rescind subrule 620.5(8).

        ITEM 3.    Rescind and reserve rule 761—620.17(321J).

        ITEM 4.    Amend 761—Chapter 620, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapters 17A;and 321J as amended by 2019 Iowa Acts, Senate File 364, section 1; and 901D as amended by 2019 Iowa Acts, Senate File 364, section 2; and sections 321.193, 321.201, 321.376 and 707.6A.
    ARC 5312CTransportation Department[761]Notice of Intended Action

    Proposing rule making related to applications and providing an opportunity for public comment

        The Department of Transportation hereby proposes to amend Chapter 920, “State Transit Assistance,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 307.12.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 324A.Purpose and Summary    The proposed amendments modify subrule 920.4(2) to specify that applications for training fellowships may be submitted to the Department at any time throughout the year and add a new paragraph to state that applications for special projects are due annually on October 1. Currently, all special project funding is issued on a first-come, first-served basis. However, because special projects are increasing in size and funds are limited, the Department is proposing to implement a deadline to allow for competition for funding for special projects.    The proposed amendments also correct the name of the Public Transit Bureau and add a definition of “urban transit system” to include a population threshold of 20,000.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11. Public Comment    Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 5, 2021. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy Bureau 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing    If requested, a public hearing to hear oral presentations will be held on January 7, 2021, via conference call from 1 to 2 p.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on January 5, 2021, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing.     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs.     The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend rule 761—920.2(324A) as follows:

    761—920.2(324A) General information.  The department shall post annually the required forms and instructions for applying for state transit assistance to the department’s Web sitewebsite at www.iowadot.gov and notify each public transit system in Iowa of the availability. Requests for assistance and questions about application preparation should be directed to: Office of Public TransitBureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)233-7870.

        ITEM 2.    Amend rule 761—920.3(324A), introductory paragraph, as follows:

    761—920.3(324A) Definitions.  The definitions in Iowa Code section 324A.1, except for the definition of “urban transit system,” apply to this chapter. In addition:

        ITEM 3.    Adopt the following new definition of “Urban transit system” in rule 761—920.3(324A):        "Urban transit system" means a system designated by the department which meets the requirements of Iowa Code section 324A.1(8). To be designated as an urban transit system for the purposes of this chapter, the system must serve a city or urbanized area with a population of 20,000 or more. The system also must be managed by a board of local officials who have either been elected by the public or appointed by elected officials, and who are responsible for policy and oversight of transit services for one or more incorporated areas within Iowa.

        ITEM 4.    Amend subrule 920.4(2) as follows:    920.4(2) Special projects.      a.    Special projects are extraordinary, emergency or innovative in nature, and may include, but are not limited to, the following purposes:    (1)   Expanding the scope of planning, managerial, or technical expertise.    (2)   Increasing the public’s awareness and understanding of transit.    (3)   Enhancing the capacity for administration consolidation and service coordination.    (4)   Reducing impediments to intramodal or intermodal transfers.    (5)   Increasing the cooperation and coordination between private and public sectors.    (6)   Developing, demonstrating, or refining a technical, procedural, or mechanical innovation that may be utilized by other public transit systems in Iowa.    (7)   Responding to an emergency situation that places an extraordinary and unforeseen strain on the resources of a public transit system.    b.    ProposalsApplications for special projectstraining fellowships may be submitted to the department at any time.     c.    Applications for special projects are due to the department by October 1 each year. The department may announce to the public transit systems the acceptance of special project applications at other times of the year if unobligated funds are available.
    ARC 5313CTransportation Department[761]Notice of Intended Action

    Proposing rule making related to public transit and providing an opportunity for public comment

        The Department of Transportation hereby proposes to amend Chapter 923, “Capital Match Revolving Loan Fund,” and Chapter 924, “Public Transit Infrastructure Grant Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 307.12 and 1985 Iowa Acts, chapter 265.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 324A and 1985 Iowa Acts, chapter 265.Purpose and Summary    The proposed amendments to Chapter 923 correct the name of the Public Transit Bureau and clarify that primary documentation must be kept for a period of three years following contract closeout. The other proposed amendments to this chapter concern the project eligibility criteria. The project must be included in the public system’s adopted transportation improvement program, and the criterion requiring that the project be part of a statewide program is stricken because it is no longer needed. If the project was included by the transit agency in its adopted transportation improvement program, the project is then automatically included in the statewide program of transit projects.    The proposed amendments to Chapter 924 amend the definition of “public transit system” so that it means the same as the definition in Iowa Code chapter 324A, correct the name of the Public Transit Bureau, add a new subrule stating that no public transit system may receive more than 40 percent of the funding available in one year to match the guidance the Department has given the public transit agencies for years, and add an explanation of where the useful life thresholds of transit structures and facilities can be found to ensure applicants are aware of long-term commitment.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.Public Comment    Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 5, 2021. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy Bureau 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing    If requested, a public hearing to hear oral presentations will be held on January 7, 2021, via conference call from 2:30 to 3:30 p.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on January 5, 2021, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing.    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs.     The public hearing will be canceled without further notice if no oral presentation is requested.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend subrule 923.1(2) as follows:    923.1(2) Information.  Requests for information about and for assistance with the preparation and submission of loan requests should be directed to the Office of Public TransitBureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)233-7870. Information is also available on the department’s website at www.iowadot.gov.

        ITEM 2.    Amend subrule 923.3(2) as follows:    923.3(2)   The transit system maintains primary documentation for all revenues and expenses for a period of at least three yearsfollowing contract closeout.

        ITEM 3.    Amend rule 761—923.4(71GA,ch265) as follows:

    761—923.4(71GA,ch265) Project eligibility.      923.4(1)   A project is eligible if it meets all of the following criteria:    a.    The project is a transit-related project for a capital purchase, e.g., new or replacement vehicles, facilities, or both.    b.    The project meets an identifiable transit need that has been included in the public transit system’s planning or programming documentadopted transportation improvement program.    c.    The project is part of a statewide program of transit projects which has been adopted by the transportation commission.    d.    c.    The local funding needed for the project justifiably exceeds the public transit system’s annual capital match funding capability.    923.4(2)   A project to purchase vans for a vanpool, as defined in Iowa Code section 325A.12, may be submitted by an individual or a group through the appropriate public transit system. A vanpool project is eligible for an interest-free loan from the revolving loan fund only after funds for all other projects have been allocated.

        ITEM 4.    Amend rule 761—924.2(324A), definition of “Public transit system,” as follows:        "Public transit system" means one of the regional transit systems or urban transit systems designated undersame as defined in Iowa Code section 324A.1.

        ITEM 5.    Amend rule 761—924.3(324A) as follows:

    761—924.3(324A) Information and forms.  Information, instructions, and application forms are available from the Office of Public TransitBureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)233-7870; or the department’s Web sitewebsite at www.iowadot.gov.

        ITEM 6.    Adopt the following new subrule 924.10(4):    924.10(4)   No single public transit system may receive more than 40 percent of the funding available in one year.

        ITEM 7.    Amend subrule 924.16(3) as follows:    924.16(3) Ownership.  The transit system must retain ownership of the new, renovated or repaired structure or facility for its useful life. If the structure or facility is transferred to a subcontracted entity or is sold before the useful life has expired, the transit system must repay the prorated state interest to the department.Useful life thresholds can be found in the department’s transit manager’s handbook, available on the department’s website at www.iowadot.gov.
    ARC 5338CAlcoholic Beverages Division[185]Adopted and Filed

    Rule making related to filling and sale of mixed drinks or cocktails in a container other than the original

        The Alcoholic Beverages Division hereby amends Chapter 4, “Liquor Licenses—Beer Permits—Wine Permits,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in 2020 Iowa Acts, House File 2540.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 123.30, 123.43A and 123.49.Purpose and Summary    This rule making adopts a new rule establishing how a container other than the original container shall be filled with a mixed drink or cocktail, shall be properly sealed so as to not be considered an open container under Iowa Code sections 321.284 and 321.284A, and shall be sold by class “C” liquor control licensees and class “C” native distilled spirits liquor control licensees.    The Department of Transportation and the Department of Public Safety were consulted in the process of adopting this rule. The two departments are responsible for cooperating to ensure the proper and adequate enforcement of Iowa Code chapter 321, “Motor Vehicles and Law of the Road,” which establishes Iowa’s open container laws. The Department of Public Safety is also the primary alcoholic beverage control law enforcement authority in Iowa, pursuant to Iowa Code section 123.14.    The Department of Public Safety advised the Division on the types of containers that should not be allowed to be used in the sale of to-go mixed drinks and cocktails. The Department recommended that paper, plastic, and Styrofoam cups be prohibited because of the ease of use or access the containers provide and the ability for consumers to conceal consumption while driving, which the Department felt would pose serious dangers to the motoring public and hamper the Department’s enforcement efforts. This rule making prohibits all paper and Styrofoam cups from being used, and prohibits plastic cups that are intended for single use only. Plastic cups that are intended to be reused by a consumer are not prohibited.    The Department of Transportation advised the Division on the types of allowable container-sealing methods that would demonstrate an effort to comply with state and federal open container laws. The Department recommended that the sealing methods be precisely described in the rule because vague or undefined sealing methods could jeopardize $12 million in federal highway funds allocated to the State of Iowa.    On September 29, 2020, the National Highway Traffic Safety Administration (NHTSA) issued a preliminary review of the rule and determined that it is necessary to keep Iowa in compliance with federal open container requirements (23 U.S.C. Section 154). In its ruling, the NHTSA stated, “The State’s emergency rulemaking requires to-go cocktails and mixed drinks to be fully sealed in a way that will not allow a driver or passenger in a motor vehicle to open it and remove some of the contents without damaging the seal. Such approaches comply with the requirements of Section 154.”    The Division requested from the Iowa Restaurant Association examples of the containers and sealing methods being used by licensees in the marketplace. Two examples were provided by the Association, and those examples were incorporated into the rule in paragraphs 4.10(3)“b” and 4.10(3)“c.”    Finally, the Iowa Alliance of Coalitions for Change, a group of public health and substance misuse experts from across the state, recommended that a label be present on the container clearly marking the contents as containing alcohol. The Department of Public Safety also supported a labeling requirement, indicating that the requirement would assist in its roadside enforcement efforts. As such, a labeling requirement is included in subrule 4.10(4).    Overall, the Division feels that this rule is reasonable. It balances protecting public safety with the business needs of licensees, and it secures critical federal funding for the State of Iowa.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5220C. This rule making was also adopted and filed emergency and published in the Iowa Administrative Bulletin as ARC 5221C on the same date. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Administrator, with approval of the Alcoholic Beverages Commission, on November 19, 2020.Fiscal Impact     This rule making has a fiscal impact to the State of Iowa. On September 29, 2020, the NHTSA issued a preliminary review of the rule and determined that the rule is necessary to keep Iowa in compliance with federal open container requirements (23 U.S.C. Section 154) and keep the State from losing approximately $12 million in federal funding for bridge and road construction projects. The fiscal impact of this rule making to class “C” liquor control licensees and class “C” native distilled spirits liquor control licensees is indeterminable. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 185—Chapter 19.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021, at which time the Adopted and Filed Emergency rule making is hereby rescinded.    The following rule-making action is adopted:

        ITEM 1.    Adopt the following new rule 185—4.10(123):

    185—4.10(123) Filling and selling of mixed drinks or cocktails in a container other than the original container.  Class “C” and class “C” native distilled spirits liquor control licensees and the licensee’s employees may fill and sell mixed drinks or cocktails in a container other than the original container subject to the requirements and restrictions provided in 2020 Iowa Acts, House File 2540, sections 10, 11, 12, and 13, and this rule.    4.10(1) Definitions.          "Alcoholic liquor," for the purposes of this rule, means “alcoholic liquor” as defined in Iowa Code section 123.3(5).        "Mixed drink or cocktail," for the purposes of this rule, means “mixed drink or cocktail” as defined in Iowa Code section 123.3(32).        "Native distilled spirits," for the purposes of this rule, means “native distilled spirits” as defined in Iowa Code section 123.3(34).        "Original container," for the purposes of this rule, means a vessel containing alcoholic liquor or native distilled spirits that has been lawfully obtained and has been securely capped, sealed, or corked at the location of manufacture.        "Sealed container," for the purposes of this rule, means a vessel containing a mixed drink or cocktail that is designed to prevent consumption without removal of the tamper-evident lid, cap, or seal. “Sealed container” does not include a container with a lid with sipping holes or openings for straws, a cup made of plastic that is intended for one-time use, or a cup made of paper or polystyrene foam.        "Tamper-evident," for the purposes of this rule, means a lid, cap, or seal that visibly demonstrates when a container has been opened.    4.10(2) Filling requirements.      a.    A sealed container shall be filled and sold only by the licensee or the licensee’s employees who are 18 years of age or older.    b.    A sealed container shall be filled only upon receipt of an order by a consumer of legal age.    c.    A sealed container shall be filled only with mixed drinks or cocktails composed in whole or in part with alcoholic liquor or native distilled spirits from an original container purchased from a class “E” liquor licensee.    d.    The filling of a sealed container shall at all times be conducted in compliance with applicable state and federal food safety statutes and regulations.    4.10(3) Sealing requirements.  A sealed container shall bear one of the following tamper-evident sealing methods:    a.    A plastic heat shrink wrap band, strip, or sleeve extending around the cap or lid to form a seal that must be broken when the container is opened.    b.    A screw top cap or lid that breaks apart when the container is opened.    c.    A vacuum or heat-sealed pouch containing the mixed drink or cocktail.    4.10(4) Labeling requirements.  A sealed container shall bear a label affixed to the container in a conspicuous place legibly indicating the following information:    a.    The business name of the licensee that sold the mixed drink or cocktail.    b.    The words “CONTAINS ALCOHOL.”    4.10(5) Sealed container not deemed an open container.  A sealed container shall not be deemed an open container, subject to the requirements of Iowa Code sections 321.284 and 321.284A, provided the sealed container is unopened, the seal has not been tampered with, and the contents of the sealed container have not been partially removed.    4.10(6) Restrictions.      a.    A sealed container shall not be filled in advance of a sale.    b.    A sealed container shall not meet the definition of “canned cocktail” as defined in Iowa Code section 123.3(11).    c.    A licensee or a licensee’s employees shall not allow a consumer to fill a sealed container.    d.    The filling and selling of a sealed container shall be limited to the hours in which alcoholic beverages may be legally sold.    e.    A sealed container shall not be sold to any consumer who is under legal age, intoxicated, or simulating intoxication.    4.10(7) Record keeping requirements.      a.    A licensee shall maintain records, in printed or electronic format, of all sales of sealed containers. The records shall state the following:    (1)   The business name of the licensee that sold the mixed drink or cocktail.    (2)   The date and time of the sale.    (3)   A description of the product sold.    b.    A licensee shall keep the required records for a three-year period from the date the record was created.    c.    Records shall be open to inspection pursuant to Iowa Code section 123.30(1), and may be subject to administrative subpoena issued by the administrator.    4.10(8) Violations.  Failure to comply with the requirements and restrictions of this rule shall subject the licensee to the penalty provisions provided in Iowa Code chapter 123.       This rule is intended to implement Iowa Code sections 123.30, 123.43A, and 123.49.
        [Filed 11/30/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5318CDental Board[650]Adopted and Filed

    Rule making related to continuing education credit for volunteer dental services

        The Dental Board hereby amends Chapter 25, “Continuing Education,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 147.76.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 272C and sections 147.10, 153.15A and 153.39.Purpose and Summary    These amendments allow continuing education credit for the purposes of license and registration renewal for the delivery of volunteer dental services without compensation at free clinics. Prior to the adoption of these amendments, the Board’s rules prohibited the designation of continuing education hours for the purposes of license and registration renewal to individuals who volunteer their services.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 23, 2020, as ARC 5193C. The Board accepted written and oral comments through October 16, 2020. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on November 13, 2020.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to rule 650—7.4(17A,147,153). Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend subrule 25.5(2) as follows:    25.5(2)   Types of activities acceptable for continuing dental education credit may include:    a.    A dental science course that includes topics which address the clinical practice of dentistry, dental hygiene, dental assisting and dental public health.    b.    Courses in record keeping, medical conditions which may have an effect on oral health, ergonomics related to clinical practice, HIPAA, risk management, sexual boundaries, communication with patients, OSHA regulations, and the discontinuation of practice related to the transition of patient care and patient records.    c.    Sessions attended at a multiday convention-type meeting. A multiday convention-type meeting is held at a national, state, or regional level and involves a variety of concurrent educational experiences directly related to the practice of dentistry.    d.    Postgraduate study relating to health sciences.    e.    Successful completion of a recognized specialty examination or the Dental Assisting National Board (DANB) examination.    f.    Self-study activities.    g.    Original presentation of continuing dental education courses.    h.    Publication of scientific articles in professional journals related to dentistry, dental hygiene, or dental assisting.    i.    Delivery of volunteer dental services without compensation through a free clinic, the purpose of which is the delivery of health care services to low-income or underserved individuals.

        ITEM 2.    Amend subrule 25.6(1) as follows:    25.6(1)   Unacceptable subject matter and activity types include, but are not limited to, personal development, business aspects of practice, business strategy, financial management, marketing, sales, practice growth, personnel management, insurance,and collective bargaining, and events where volunteer services are provided. While desirable, those subjects and activities are not applicable to dental skills, knowledge, and competence. Therefore, such courses will receive no credit toward renewal. The board may deny credit for any course.

        ITEM 3.    Adopt the following new subrule 25.9(8):    25.9(8)   Delivery of volunteer dental services in accordance with paragraph 25.5(2)“i” shall result in one hour of continuing education credit for every three hours worked. Dentists and dental hygienists can report a maximum of six hours of credit per biennium of volunteer dental services. Dental assistants can report a maximum of four hours of credit per biennium of volunteer dental services. The volunteer hours must be verified by the free clinic or the organization sponsoring the event where volunteer services are provided.    [Filed 11/23/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5319CEconomic Development Authority[261]Adopted and Filed

    Rule making related to reinvestment districts program

        The Economic Development Authority hereby amends Chapter 200, “Reinvestment Districts Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 15.106A.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 15J and 2020 Iowa Acts, House File 2641.Purpose and Summary    2020 Iowa Acts, House File 2641, updates the Reinvestment Districts Program by providing an additional $100 million for awards made after July 1, 2020. For awards made after that date, the Act changes the calculation for the amounts deposited into each district’s fund and increases the area that may be designated as a reinvestment district to 75 acres. The Act also makes a joint entity formed by two or more cities or counties eligible for the program and allows the Economic Development Authority Board to extend the period for deposit and receipt of funds by up to five years under specified circumstances. This rule making implements these changes.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 23, 2020, as ARC 5185C. Gerard Haberman, President of the Krause Group, submitted written comments suggesting the changes listed below.    1. Revise the definition of “new tax revenues” as follows:    “‘New tax revenues’ means all state sales tax revenues and state hotel and motel tax revenues that are collected within a district by new retail establishments and new lessors, provided that such new retail establishments and lessors are included as projects in an approved district plan. New tax revenues are remitted to the department after collection by new retail establishments and new lessors and deposited by the department in a fund for use by a municipality under the program.”    2. Add the following new paragraph 200.9(1)“e”:    “e. A municipality may at any time, upon notice to the Director, amend its district plan solely for the purpose of adding additional new retail establishments, hotels, or motels to the district, provided that any such amendment will not increase the maximum benefit amount, result in an extension of the commencement date established by the board, and the municipality shall not reallocate any of its previously awarded benefit to such additional new retail establishments, hotels, or motels.”    3. Further revise paragraph 200.5(1)“c” as follows:    “c. For districts approved on or before July 1, 2018, the area must consist of contiguous parcels and must not exceed 25 acres in total. For districts approved on or after July 1, 2020, the area must consist of contiguous parcels and must not exceed 75 acres in total. For purposes of this subrule, ‘contiguous’ means parcels that are physically connected. Parcels connected by streets or other rights-of-way will be considered physically connected for purposes of this rule. In designating an area that includes a right-of-way, an applicant may include an area that is less than the full width of the right-of-way, but the applicant shall not include less than 6030 feet of the right-of-way’s width.”    4. Revise subrule 200.7(3) as follows:    “200.7(3) Final funding decision and establishment of commencement date. After submission of all information required for the final application, the board will make a final funding decision, establish a final maximum benefit amount, and establish a twelve-month range of dates for the commencement date for the district based on the two dates provided by the largest project in subrule 200.5(2). Three months prior to the anticipated commencement date, the district shall submit written notice of the commencement date to the Director. If notice of a commencement date is not received by the Director on or before three months prior the expiration of the range of dates set by the board, the commencement date shall automatically become effective at the expiration of such date range. The commencement date established by the board, after receipt of notice from the district or upon expiration of the commencement date range, will be the first day of the first calendar quarter beginning after the later of the two dates identified for the project that proposed the largest amount of capital investment among all proposed projects in the district as described in subrule 200.5(2)commencement date, as determined by this subrule 200.7(3).”    Three changes from the Notice have been made to correct the two cross references in paragraph 200.3(3)“c” in Item 3 and to update the Department’s web address in paragraph 200.5(4)“b” in Item 8.Adoption of Rule Making    This rule making was adopted by the Authority on November 20, 2020.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa beyond the funding allocated by 2020 Iowa Acts, House File 2641. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 261—200.1(15J) as follows:

    261—200.1(15J) Purpose.  The board is authorized by the general assembly and the governor to oversee the implementation and administration of certain provisions of a new economic development program known as the Iowa reinvestment Act, which was enacted in 2013 Iowa Acts, House File 641, and amended by 2020 Iowa Acts, House File 2641. The purpose of this chapter is to describe the manner in which the authority’s part of the program will be administered. The program provides for as much as $100 million in state hotel and motel and state sales tax revenues generated by new revenue-generating projects in certain districts to be “reinvested” within those districtsfor districts approved on or before July 1, 2018, and provides as much as $100 million for districts approved after July 1, 2020. In general, the authority has the responsibility to evaluate projects and make funding decisions while the department of revenue has the responsibility for collecting the tax revenues used to fund projects under the program and making payments to municipalities. To the greatest extent possible, the board will fund projects in districts that are the most likely (1) to improve the quality of life of the municipality, the surrounding region, and the state as a whole; (2) to be unique to the municipality, the surrounding region, and the state as a whole; and (3) to substantially benefit the economy of the municipality, the surrounding region, and the state as a whole.

        ITEM 2.    Amend rule 261—200.2(15J) as follows:

    261—200.2(15J) Definitions.  For purposes of this chapter unless the context otherwise requires:        "Account" means the district account that is created within the fund for each municipality which has established a district and that holds the new tax revenues deposited by the department under the program. Moneys in each account will be remitted quarterly by the department to the municipality pursuant to the department of revenue’s rules in 701—Chapter 237.        "Applicant" means a municipality applying to the board and the authority for approval of a district under the program, including the preapplication process described in rule 261—200.4(15J).        "Appurtenant structure" means any building or other fixture on a piece of real estate other than the main building provided that such a building or fixture is permanent, is wholly or partially above grade, and will be constructed or substantially improved in conjunction with the main building. A structure is appurtenant when the structure is physically connected to a main building such that the connected structures combine to create a single, integrated facility. A structure is not physically connected if the structure has a function or purpose independent of the main building, even if the structures are in close proximity or are incidentally connected by some means such as a common wall, a sidewalk, or recreational trail.        "Authority" means the economic development authority created in Iowa Code section 15.105.        "Board" means the members of the economic development authority appointed by the governor and in whom the powers of the authority are vested pursuant to Iowa Code section 15.105.        "Commencement date" means the date established for each district by the board pursuant to rule 261—200.7(15J) upon which the calculation of new state sales tax and new state hotel and motel tax revenue shall begin pursuant to rule 701—237.3(15J) and after which the department will make deposits in the fund pursuant to rule 701—237.4(15J).        "Department" means the department of revenue.        "Director" means the director of the authority.        "District" means the area within a municipality that is designated a reinvestment district under the program. For purposes of this chapter, a reinvestment district is designated during the application and approval process but is not created until it has both received the final approval of the board pursuant to rule 261—200.7(15J) and been established by ordinanceor resolution of the municipality as described in rule 261—200.8(15J).        "Due diligence committee" means the due diligence committee of the board established pursuant to 261—subrule 1.3(7).        "Fund" means the state reinvestment district fund created in 2013 Iowa Acts, House File 641, section 6Iowa Code section 15J.6, consisting of new tax revenues, and under the control of the department.        "Governing body" means the county board of supervisors, city council, or other governing body in which the legislative powers of the municipality are vested.        "Joint board" means a legal entity established or designated in an agreement between two or more contiguous counties or incorporated cities pursuant to Iowa Code chapter 28E.        "Maximum benefit amount" means the total amount of new tax revenues that may be remitted to a municipality’s reinvestment project fund and used for development in a district. The maximum benefit will be established by the board when a final application to the program is approved pursuant to rule 261—200.7(15J).        "Municipality" means a county,or an incorporated city, or a joint board.        "New lessor" means a lessor, as defined in Iowa Code section 423A.2, operating a business in the district that was not in operation in the area of the district before the effective date of the ordinanceor resolution establishing the district, regardless of ownership. “New lessor” also includes any lessor, as defined in Iowa Code section 423A.2, operating a business in the district if the place of business for that business is the subject of a project that was approved by the board.        "New retail establishment" means a business operated in the district by a retailer, as defined in Iowa Code section 423.1, that was not in operation in the area of the district before the effective date of the ordinanceor resolution establishing the district, regardless of ownership. “New retail establishment” also includes any business operated in the district by a retailer, as defined in Iowa Code section 423.1, if the place of business for that retail establishment is the subject of a project that was approved by the board.        "New tax revenues" means all state sales tax revenues and state hotel and motel tax revenues that are collected within a district by new retail establishments and new lessors, provided that such new retail establishments and lessors are included as projects in an approved district plan. New tax revenues are remitted to the department after collection by new retail establishments and new lessors and deposited by the department in a fund for use by a municipality under the program.        "Program" means the reinvestment district program established pursuant to this chapter.        "Project" means a vertical improvement constructed or substantially improved within a district using new tax revenues. “Project” does not include any of the following:
    1. A building, structure, or other facility that is in whole or in part used or intended to be used to conduct gambling games under Iowa Code chapter 99F.
    2. A building, structure, or other facility that is in whole or in part used or intended to be used as a hotel or motel if such hotel or motel is connected to or operated in conjunction with a building, structure, or other facility described in paragraph “1” above.
            "Retail business" means any business engaged in the business of selling tangible personal property or taxable services at retail in this state that is obligated to collect state sales or use tax under Iowa Code chapter 423. However, for the purposes of this chapter, “retail business” does not include a new lessoror a business engaged in an activity subject to tax under Iowa Code section 423.2(3).        "State hotel and motel tax" means the state-imposed tax under Iowa Code section 423A.3.        "State sales tax" means the sales and services tax imposed pursuant to Iowa Code section 423.2.        "Substantially improved" means that the cost of the improvements to a project areis equal to or exceedexceeds 50 percent of the assessed value of the property, excluding the land, prior to such improvements.        "Unique nature" means a quality or qualities of the projects to be developed in a district which, when considered in the entirety, will substantially distinguish the district’s projects from other existing or proposed developments in the state. For purposes of this chapter, whether a project is of a unique nature is a subjective and contextual determination that will be made by the board. In determining whether a project is of a unique nature, the board will not necessarily require a project to be entirely without precedent or to be the only one of its kind in the state, but rather the board will evaluate whether the projects to be undertaken in a district will either (1) permanently transform the aesthetics or infrastructure of a local community for the better, including by preserving important historical structures or neighborhoods; or (2) contribute substantially more to the state’s economy or quality of life than other similar projects in the state.        "Vertical improvement" means a building that is wholly or partially above grade and all appurtenant structures to the building.

        ITEM 3.    Amend rule 261—200.3(15J) as follows:

    261—200.3(15J) Program overview.      200.3(1) General.  The reinvestment districts program provides for as much as $100 million in new tax revenues generated by revenue-generating projects in certain districts to be “reinvested” within those districts. The program allows municipalities to designate areas of up to 25 acres within their corporate boundaries as reinvestment districts and to use new tax revenues collected within the district to finance the development of projects within the district. The authority and the board will take applications from municipalities for designation as a district and will consider and approve eligible applicants for funding under the program.    200.3(2) Preapplication, provisional decisions, and final approval.  Each fiscal year in which funding is available, the authority will accept applications for assistance under the program. The program includes a preapplication process, a scoring process, a provisional funding decision, and a final board approval process.    200.3(3) District establishment and financing.      a.    Upon final approval of a plan, a municipality may adopt an ordinance toshall establish a district and shall notify the department that new tax revenues may be deposited in a fund under the programas described in subrule 200.8(1). The collection and deposit of new tax revenues by the department begins only after final approval of the proposed district plan and the establishment of the district’s maximum benefit amount and commencement date.     b.    TheFor districts established before July 1, 2020, the department will deposit in a fund 4 percent of the amount of retail sales subject to the state sales tax collected by new retail establishments within the district and 5 percent of the amount of sales subject to the state hotel and motel tax collected by new lessors within the district.    c.    For districts established after July 1, 2020, the department will deposit in a fund:    (1)   Four percent of the remainder of amount of sales subject to the state sales tax in the district during the quarter from new retail establishments minus the sum of the sales from the corresponding quarter of the 12-month period preceding establishment of the district, for new retail establishments identified under subparagraph 200.8(1)“c”(3) that were in operation at the end of the quarter; and    (2)   Five percent of the remainder of amount of sales subject to the state hotel and motel tax in the district during the quarter from new lessors minus the sum of the sales from the corresponding quarter of the 12-month period preceding establishment of the district, for new lessors identified under subparagraph 200.8(1)“c”(4) that were in operation at the end of the quarter.    200.3(4) Duration of funding and termination of district.  The department will deposit new tax revenues in the fund until the maximum benefit is reached or the district is terminated, whichever is earlier. A district shall be terminated as of the date 20 years after the commencement date unless a municipality dissolves the district prior to that dateor the board has approved an extension pursuant to subrule 200.10(3).    200.3(5) Use of funds.  A municipality may use moneys remitted by the department to the municipality from its account for purposes of funding development in a district according to an approved district plan as described in rule 261—200.8(15J)subrule 200.8(2).

        ITEM 4.    Amend subrule 200.4(3) as follows:    200.4(3) Annual filing window.  Each year starting on March 1 and ending on March 15that funding is available, the authority willannounce an annual filing window to accept preapplications under the program provided that funding is available. The purpose of the annual filing window is to enable the competitive scoring of applications and facilitate funding decisions by the board that are within the limitations established for the program by the general assembly. A municipality interested in applying to the program must submit a preapplication during the annual filing window or wait until the next annual filing window.

        ITEM 5.    Amend subrules 200.4(5) and 200.4(6) as follows:    200 200.4 4(5) Provisional funding decisions.      a.    The board, with the assistance of the authority, will evaluate the preapplications and assign them a provisional score based on the criteria described in rule 261—200.6(15J). Based on the results of the scoring, the board will make provisional funding decisions and notify applicants on or before June 30 of each year in which funding is available.    b.    A provisional funding decision represents an initial judgment by the board about the merits of a proposed district plan and is provided for the convenience of both applicants and the board for the better administration of the program. A provisional funding decision shall not be construed as binding on the board nor will the applicant be required to meet all of the details contained in the preapplication. A provisional funding decision shall not be construed as a final approval by the board. A municipality shall not adopt an ordinanceor resolution establishing a district based on a provisional funding decision.    c.    The final details of a proposed district plan and a final funding decision, including a maximum benefit amount and a commencement date, shall be contingent upon the receipt of a full, final, and complete application and upon final action by the board to ratify, amend, defer, or rescind its provisional funding decision as provided in rule 261—200.7(15J).    d.    The department of revenue will not deposit moneys into a fund until a final application is approved by the board and an ordinanceor resolution has been adopted by the municipality.    200 200.4 4(6) Posting of preapplication and materials to Internet site.  After the board makes a provisional funding decision, the proposed district plan, along with all accompanying materials, will be posted on the authority’s Internet site for public viewing within ten days of approval by the boardand will be available there until the final application is submitted, or for one year.

        ITEM 6.    Amend subrule 200.5(1) as follows:    200.5(1) Area suitable for development.  An applicant must be a municipality and must have an area suitable for development within the boundaries of the municipality, or, in the case of a joint board, the combined boundaries of the incorporated cities or counties that established or designated the joint board, that has been proposed for designation as a reinvestment district under the program. Only areas that meet the following requirements will be approved for designation as a reinvestment district:    a.    The area must consist only of parcels of real property that the governing body of the municipality determines will be directly and substantially benefited by development in the proposed district. In order to establish that this criterion is met, a municipality should submit information such as an estimate of the expected increase in valuation or other data that lends itself to a quantitative assessment of the extent to which the real property will benefit.    b.    The area must be in whole or in part either an economic development enterprise zone designated under2014 Iowa Code chapter 15E, division XVIII,immediately prior to July 1, 2014, or an urban renewal area established pursuant to Iowa Code chapter 403. In order to establish that this criterion is met, a municipality should submit maps of the proposed area as well as maps of the existing enterprise zone or urban renewal area. A municipality should also submit copies of the local ordinance or resolution establishing the enterprise zone or the urban renewal area.    c.    TheFor districts approved before July 1, 2018, the area must consist of contiguous parcels and must not exceed 25 acres in total.For districts approved after July 1, 2020, the area must consist of contiguous parcels and must not exceed 75 acres in total. For purposes of this subrule, “contiguous” means parcels that are physically connected. Parcels connected by streets or other rights-of-way will be considered physically connected for purposes of this rule. In designating an area that includes a right-of-way, an applicant may include an area that is less than the full width of the right-of-way, but the applicant shall not include less than 60 feet of the right-of-way’s width.    d.    For a municipality that is a cityor for a city that has established or designated a joint board, the area must not include the entire incorporated area of the city.    e.    The area must not be located in whole or in part within another district established under this chapter.

        ITEM 7.    Amend paragraph 200.5(3)"i" as follows:    i.    The proposed district plan would not create an additional district within a municipality that has already established one. While multiple districts within a single municipality are not prohibited under the program, the program does limit the size of any one district to 25 acresis limited by paragraph 200.5(1)“c” and disallows overlapping districts.are prohibited by paragraph 200.5(1)“e.” Therefore, the board will consider whether the approval of an additional district is appropriate given the particulars of the proposed additional district and the goals of the program. If a municipality proposes an additional district, the board, at its discretion, may accept the application and score it, or if the board determines that approval of an additional district would not serve the goals of the program, the board may reject the application without scoring it.

        ITEM 8.    Amend paragraph 200.5(4)"b" as follows:    b.    Information on submitting an application under the program may be obtained by contacting the economic development authority. The contact information is:Iowa Economic Development AuthorityBusiness Finance Team200 East Grand AvenueDes Moines, Iowa 50309(515)725-3000businessfinance@iowa.govbusinessfinance@iowaeda.comhttp://iowaeconomicdevelopment.com/www.iowaeda.com

        ITEM 9.    Amend paragraph 200.7(1)"a" as follows:    a.    An applicant that receives a provisional funding decision must submit a final application to the board before the date of the next annual filing windowwithin one year of the submission of the preapplication. An applicant that does not file a final application within that time will be scored again with all other applicants who file in the next annual filing window.

        ITEM 10.    Amend subrule 200.7(5) as follows:    200.7(5) Posting of application and materials to Internet site.  Upon final approval by the board, the district plan, along with the municipality’s resolution and all accompanying materials, will be posted on the authority’s Internet site for public viewing within ten days of approval by the boardand will be maintained there for a period of three years.

        ITEM 11.    Amend rule 261—200.8(15J) as follows:

    261—200.8(15J) Adoption of ordinance and use of funds.      200.8(1) Adoption of ordinance establishing a districtand notice to department.      a.    Upon receiving approval by the board of the final application pursuant to rule 261—200.7(15J), the municipality mayshall adopt an ordinance, or, in the case of a joint board, a resolution, establishing the district and shall notify the director of revenue of the district’s commencement date established by the board no later than 30 days after adoption of the ordinance. The    b.    For each district approved by the board before July 1, 2018, theordinanceor resolution adopted by the municipality shall include the:    (1)   Thedistrict’s commencement date; and a    (2)   Adetailed statement of the manner in which the approved projects to be undertaken in the district will be financed, including but not limited to the financial information included in the project plan.    c.    For each district approved by the board after July 1, 2020, the ordinance or resolution shall include:    (1)   The district’s commencement date;     (2)   A detailed statement of the manner in which the approved projects to be undertaken in the district will be financed, including but not limited to the financial information included in the project plan;     (3)   For each new retail establishment that was in operation before the establishment of the district, the monthly amount of sales subject to the state sales tax from the most recently available 12-month period preceding adoption of the ordinance or resolution; and    (4)   For each new lessor that was in operation before the establishment of the district, the monthly amount of sales subject to the state hotel and motel tax from the most recently available 12-month period preceding adoption of the ordinance or resolution.    d.    For each district approved by the board before July 1, 2018, the municipality shall notify the director of revenue of the district’s commencement date established by the board no later than 30 days after adoption of the ordinance or resolution establishing the district. For each district approved by the board after July 1, 2020, the municipality shall provide a copy of the ordinance or resolution establishing the district to the director of revenue no later than 30 days after adoption of the ordinance or resolution.    200.8(2) Use of funds.      a.    Following establishment of the district, a municipality may use the moneys deposited in the municipality’s reinvestment project fund created pursuant to 2013 Iowa Acts, House File 641, section 7,Iowa Code section 15J.7 to fund the development of those projects included within the district plan. For purposes of this subrule, “development” means all costs reasonably related to a project provided that such costs are described in a final application approved by the board. Development costs may include project planning, professional services, land acquisition, construction, maintenance, and operational expenses. A municipality shall enter into development agreements for the expenditure of program funds and submit copies of such agreements to the authority within 30 days of execution.    b.    Moneys deposited in such a fund shall only be used to fund projects approved by the board as part of a proposed district plan. Moneys deposited in such a fund may be used for projects that do not generate new tax revenues provided such projects are part of an approved plan. A municipality shall maintain records documenting the use of funds under the program and make them available to the board or the department upon request.    c.    Moneys from any source deposited into the fund shall not be expended for or otherwise used in connection with a project that includes the relocation of a commercial or industrial enterprise not presently located within the municipality. For the purposes of this subrule, “relocation” means the closure or substantial reduction of an enterprise’s existing operations in one area of the state and the initiation of substantially the same operation in the same county or a contiguous county in the state.However, if the initiation of operations includes an expanded scope or nature of the enterprise’s existing operations, the new operation shall not be considered to be substantially the same operation. “Relocation” does not include an enterprise expanding its operations in another area of the state provided that existing operations of a similar nature are not closed or substantially reduced.    d.    Moneys from new tax revenues collected within a district and expended by a municipality under the program are subject to audit by the department of revenue or the auditor of state.

        ITEM 12.    Amend subrule 200.9(1) as follows:    200.9(1) Plan amendments.      a.    A municipality may request an amendment to an approved district plan in order to add or modify projects. However, a proposed modification to a project, and each project proposed to be added, must first be approved by the board in the same manner as provided for the original plan, including updated or amended feasibility and economic impact studies as necessary. An applicant requesting a plan amendment is not required to file a preapplication pursuant to rule 261—200.4(15J) unless the amendment would increase the maximum benefit amount. A plan amendment request that does not increase the maximum benefit amount may be requested at any time.    b.    There is no circumstance in which the board will approve an amendment to a district plan if that amendment would result in the extension of the final commencement date established by the board. A request to extend a district’s established commencement date will be rejected.    c.    If a district plan is amended to add or modify a project, the municipality shall, if necessary, amend the ordinance, if necessaryor resolution, as applicable, to reflect any changes to the financial information required to be included under the program.    d.    If, after final approval and establishment of the district, a municipality is unable to carry out development of all the projects proposed to be undertaken in a district, the municipality shall seek a modification to the plan. If a requested plan amendment would reduce capital investment in a district or remove one or more of the projects originally approved for the district, the board in its discretion may reduce, rescind, or otherwise modify the maximum benefit amount accordingly.

        ITEM 13.    Amend rule 261—200.10(15J) as follows:

    261—200.10(15J) Cessation of deposits, district dissolution, and revenue rulesrequests for extension.      200.10(1) Cessation of deposits.  As of the date 20 years after the district’s commencement date, the department will cease to deposit new tax revenues into the district’s account within the fund unless the municipality dissolves the district by ordinanceor resolution prior to that dateor the board has approved an extension pursuant to subrule 200.10(3). Once the maximum benefit amount approved by the board for the district has been reached, the department will cease to deposit new tax revenues into the district’s account within the fund. If a district reaches the maximum benefit amount, the department will notify the municipality within a reasonable amount of time.    200.10(2) District dissolution.  If a municipality dissolves a district by ordinanceor resolution prior to the expiration of the 20-year period, the municipality shall notify the director of revenue of the dissolution as soon as practicable after adoption of the ordinanceor resolution, and the department shall, as of the effective date of dissolution, cease to deposit state sales tax revenues and state hotel and motel tax revenues into the district’s account within the fund. If a municipality is notified that its maximum benefit amount has been reached, the municipality shall dissolve the district by ordinanceor resolution as soon as practicable after notification.    200.10(3) Cross reference to department rules.Requests for extension.  The department has adopted rules for the administration and deposit of moneys into the fund. See 701—Chapter 237.Upon request of the municipality prior to the dissolution of the district, and following a determination by the board that the amounts of new state sales tax revenue and new state hotel and motel tax revenue deposited in the municipality’s reinvestment project fund are substantially lower than the maximum benefit amount, the board may extend the district’s 20-year period of time for depositing and receiving revenues by up to five additional years if such an extension is in the best interest of the public.

        ITEM 14.    Adopt the following new rule 261—200.11(15J):

    261—200.11(15J) Cross reference to department rules.  The department has adopted rules for the administration and deposit of moneys into the fund. See 701—Chapter 237.
        [Filed 11/23/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5320CEducational Examiners Board[282]Adopted and Filed

    Rule making related to agency address and waivers

        The Educational Examiners Board hereby amends Chapter 1, “General,” Chapter 2, “Petitions for Rule Making,” Chapter 3, “Declaratory Orders,” Chapter 4, “Agency Procedure for Rule Making,” Chapter 5, “Public Records and Fair Information Practices,” Chapter 6, “Waivers or Variances from Administrative Rules,” and Chapter 11, “Complaints, Investigations, Contested Case Hearings,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 272.2 and 2020 Iowa Acts, House File 2389.Purpose and Summary    The amendments update the Board’s address in various chapters and update language regarding waivers pursuant to 2020 Iowa Acts, House File 2389.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5213C. A public hearing was held on October 28, 2020, at 1 p.m. in the Board Room, 701 East Court Avenue, Suite A, Des Moines, Iowa. No one attended the public hearing. No public comments were received. One change from the Notice has been made to correct an address.Adoption of Rule Making    This rule making was adopted by the Board on November 18, 2020.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 282—1.2(272,17A) as follows:

    282—1.2(272,17A) Organization and method of operation.      1.2(1) History.  The board was created by Iowa Code chapter 272.    1.2(2) Composition.  The composition of the board is defined in Iowa Code section 272.3.    1.2(3) Executive director.   The governor shall appoint an executive director of the board subject to confirmation by the senate. The executive director shall possess a background in education licensure and administrative experience and shall serve at the pleasure of the governor. The executive director acts as executive head of the agency and is responsible for the administration of the board.    1.2(4) Major statutory function.  The board is created to exercise the exclusive authority to license practitioners and professional development programs, except for programs offered by practitioner preparation institutions or area education agencies and approved by the state board of education. Licensing authority includes the authority to establish criteria for the licenses, creation of application and renewal forms, development of a code of professional rights and responsibilities, practices, and ethics.    1.2(5) Conduct of business.  The ordinary business of the board is conducted at its regular meetings generally held at the Grimes State Office Building,701 East Court Avenue, Suite A, Des Moines, Iowa50309.    a.    The board shall biennially, at its regularly scheduled meeting in June, elect a chair from its membership to begin serving upon election.    b.    The board shall approve annual meeting dates at least by June 30.    c.    The board may schedule special meetings called by the chair or upon request to the chair by six members of the board or upon request of the executive director. Special meetings may be held by electronic means in accordance with Iowa Code section 21.8.    d.    The board will post the date, time, and location of board meetings.    e.    Persons who wish to submit materials for the agenda and appear before the board, or whose presence has been requested by the board, will be provided the opportunity to address the board.    f.    In order to be placed on the agenda, materials must be received at least two weeks prior to a scheduled board meeting. Materials from emergency or unusual circumstances may be added to the agenda with the chair’s approval.    g.    The board will govern its meetings in accordance with Iowa Code chapter 21 and its proceedings by Robert’s Rules of Order, Revised.    h.    All board meetings shall be open, and the public shall be permitted to attend the meetings, unless the board votes to hold a closed session in accordance with Iowa Code section 21.5.    i.    Persons in attendance at board meetings may be granted an opportunity to speak on an issue before the board at the discretion of the chair. The length and frequency of public comment will be at the discretion of the chair.    j.    Information, submissions or requests. General inquiries regarding the board, requests for forms and other documents and all other requests and submissions may be addressed to the Executive Director, Board of Educational Examiners, Grimes State Office Building, Des Moines, Iowa 50319-0147701 East Court Avenue, Suite A, Des Moines, Iowa 50309.       This rule is intended to implement Iowa Code chapter 272.

        ITEM 2.    Amend 282—Chapter 2 as follows: CHAPTER 2PETITIONS FOR RULE MAKING[Prior to 5/16/90, see Professional Teaching Practices Commission[287] Ch 1] The board of educational examiners hereby adopts the petitions for rule making segments of the Uniform Administrative Rules which are printed in the first volume of the Iowa Administrative Codepublished at www.legis.iowa.gov/docs/publications/ACOD/767403.pdf on the General Assembly’s website, with the following amendments:

    282—2.1(17A) Petition for rule making.  In lieu of the words “(designate office)”, insert “The Board of Educational Examiners, Grimes State Office Building, third floor701 East Court Avenue, Suite A, Des Moines, Iowa 50309”. In lieu of the words “(AGENCY NAME)”, the heading on the petition form should read:“BOARD OF EDUCATIONAL EXAMINERS”

    282—2.3(17A) Inquiries.  Inquiries concerning the status of a petition for rule making may be made to the Executive Director of the Board of Educational Examiners, Grimes State Office Building, Des Moines, Iowa 50319-0147701 East Court Avenue, Suite A, Des Moines, Iowa 50309.       These rules are intended to implement Iowa Code section 17A.7.

        ITEM 3.    Amend 282—Chapter 3, preamble, as follows:The board of educational examiners hereby adopts the declaratory orders segment of the Uniform Rules on Agency Procedure printed in the first volume of the Iowa Administrative Codepublished at www.legis.iowa.gov/docs/publications/ACOD/767403.pdf on the General Assembly’s website, with the following amendments:

        ITEM 4.    Amend rule 282—3.1(17A) as follows:

    282—3.1(17A) Petition for declaratory order.  Throughout the rule, in lieu of the words “(designate agency)”, insert “the Board of Educational Examiners, Grimes State Office Building701 East Court Avenue, Suite A, Des Moines, Iowa 50309”. In lieu of the words “(AGENCY NAME)”, in the heading on the petition insert “BEFORE THE BOARD OF EDUCATIONAL EXAMINERS”.

        ITEM 5.    Amend rule 282—3.5(17A) as follows:

    282—3.5(17A) Inquiries.  In lieu of the words “(designate official by full title and address)”, insert “Executive Director, Board of Educational Examiners, Grimes State Office Building, Des Moines, Iowa 50319-0147701 East Court Avenue, Des Moines, Iowa 50319”.

        ITEM 6.    Amend 282—Chapter 4, preamble, as follows:The board of educational examiners hereby adopts the agency procedure for rule making segment of the Uniform Rules on Agency Procedure printed in the first volume of the Iowa Administrative Codepublished at www.legis.iowa.gov/docs/publications/ACOD/767403.pdf on the General Assembly’s website, with the following amendments:

        ITEM 7.    Amend rule 282—4.5(17A) as follows:

    282—4.5(17A) Public participation.      4.5(1) Written comments.  In lieu of the words “(identify office and address)”, insert “Executive Director, Board of Educational Examiners, Grimes State Office Building, Des Moines, Iowa 50319-0147701 East Court Avenue, Suite A, Des Moines, Iowa 50309”.    4.5(5) Accessibility.  In lieu of the words “(designate office and phone number)”, insert “the executive director at (515)281-5849”.

        ITEM 8.    Amend rule 282—4.6(17A) as follows:

    282—4.6(17A) Regulatory analysis.      4.6(2) Mailing list.  In lieu of the words “(designate office)”, insert “Board of Educational Examiners, Grimes State Office Building, Des Moines, Iowa 50319-0147701 East Court Avenue, Suite A, Des Moines, Iowa 50309”.

        ITEM 9.    Amend rule 282—4.11(17A) as follows:

    282—4.11(17A) Concise statement of reasons.      4.11(1) General.  In lieu of the words “(specify the office and address)”, insert “Board of Educational Examiners, Grimes State Office Building, Des Moines, Iowa 50319-0147701 East Court Avenue, Suite A, Des Moines, Iowa 50309”.

        ITEM 10.    Amend 282—Chapter 5, preamble, as follows:The board of educational examiners hereby adopts, with the following exceptions and amendments, rules of the Governor’s Task Force on Uniform Rules of Agency Procedure relating to public records and fair information practices which are printed in the first volume of the Iowa Administrative Codepublished at www.legis.iowa.gov/docs/publications/ACOD/767403.pdf on the General Assembly’s website.

        ITEM 11.    Amend subrule 5.3(1) as follows:    5.3(1) Location of record.  In lieu of the words “(insert agency head)”, insert “office where the record is kept”. In lieu of the words “(insert agency name and address)”, insert “Board of Educational Examiners, Grimes State Office Building, Des Moines, Iowa 50319-0147701 East Court Avenue, Suite A, Des Moines, Iowa 50309”.

        ITEM 12.    Amend 282—Chapter 6, title, as follows:WAIVERS OR VARIANCES FROM ADMINISTRATIVE RULES

        ITEM 13.    Amend rule 282—6.1(17A) as follows:

    282—6.1(17A) Definition.  For purposes of this chapter, a “waiver or variance” means action by the board which suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. For simplicity, the term “waiver” shall include both a “waiver” and a “variance.”

        ITEM 14.    Amend rule 282—6.4(17A) as follows:

    282—6.4(17A) Criteria for waiver or variance.  In response to a petition completed pursuant to rule 282—6.6(17A), the board may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the board finds, based on clear and convincing evidence, all of the following:
    1. The application of the rule would impose an undue hardship on the person for whom the waiver is requested;
    2. The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person;
    3. The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law; and
    4. Substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested.

        ITEM 15.    Amend rule 282—6.12(17A) as follows:

    282—6.12(17A) Summary reports.Submission of waiver information.  Semiannually, the board shall prepare a summary report identifyingThe board shall submit information about granted and denied waivers to the Internet site pursuant to Iowa Code section 17A.9A within 60 days. The Internet site shall identify the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule, a citation to the statutory provisions implemented by the rules, and a general summary of the reasons justifying the board’s actions on waiver requests. If practicable, the report shall detail the extent to which the granting of a waiver has affected the general applicability of the rule itselfand the extent to which the granting of the waiver has established a precedent for additional waivers. Copies of this report shall be available for public inspection and shall be provided semiannually to the administrative rules coordinator and the administrative rules review committee.

        ITEM 16.    Amend rule 282—11.4(17A,272) as follows:

    282—11.4(17A,272) Complaint.      11.4(1) Who may initiate.  The following entities may initiate a complaint:    a.    Licensed practitioners.    b.    Recognized educational entities or local or state professional organizations.    c.    Local boards of education.    d.    Parents or guardians of students involved in the alleged complaint.    e.    The executive director of the board of educational examiners if the following circumstances have been met:    (1)   The executive director receives information that a practitioner:
    1. Has been convicted of a felony criminal offense, or a misdemeanor criminal offense wherein the victim of the crime was 18 years of age or younger, and the executive director expressly determines within the complaint that the nature of the offense clearly and directly impacts the practitioner’s fitness or ability to retain the specific license(s) or authorization(s) which the practitioner holds; or
    2. Has been the subject of a founded report of child abuse placed upon the central registry maintained by the department of human services pursuant to Iowa Code section 232.71D and the executive director expressly determines within the complaint that the nature of the offense clearly and directly impacts the practitioner’s fitness or ability to retain the specific license(s) or authorization(s) which the practitioner holds; or
    3. Has not met a reporting requirement stipulated by Iowa Code section 272.15, Iowa Code section 279.43, 281—subrule 102.11(2), 282—Chapter 11, or 282—Chapter 25; or
    4. Has falsified a license or authorization issued by the board; or
    5. Has submitted false information on a license or authorization application filed with the board; or
    6. Does not hold the appropriate license for the assignment for which the practitioner is currently employed; or
    7. Has assigned another practitioner to perform services for which the practitioner is not properly licensed; or
    8. Has failed to comply with a board order as prohibited by 282—paragraph 25.3(7)“c”; and
        (2)   The executive director verifies the information or the alleged misconduct through review of official records maintained by the board, a court, the department of human services registry of founded child abuse reports, the practitioner licensing authority of another state, the department of education, the local school district, area education agency, or authorities in charge of the nonpublic school, or the executive director is presented with the falsified license; and    (3)   No other complaint has been filed.
        f.    The department of transportation if the licensee named in the complaint holds a behind-the-wheel instructor’s certification issued by the department and the complaint relates to an incident or incidents arising during the course of driver’s education instruction.    g.    An employee of the department of education who, while performing official duties, becomes aware of any alleged misconduct by an individual licensed under Iowa Code section 272.2.
        11.4(2) Form and content of the complaint.      a.    The complaint shall be in writing and signed by at least one complainant who has personal knowledge of an alleged violation of the board’s rules or related state law or an authorized representative if the complainant is an organization. (An official form may be used. This form may be obtained from the board upon request.)    b.    The complaint shall show venue as “BEFORE THE BOARD OF EDUCATIONAL EXAMINERS” and shall be captioned “COMPLAINT.”    c.    The complaint shall contain the following information:    (1)   The full name, address and telephone number of the complainant.    (2)   The full name, address and telephone number, if known, of the respondent.    (3)   A concise statement of the facts which clearly and specifically apprises the respondent of the details of the alleged violation of the criteria of professional practices or the criteria of competent performance and the relief sought by the complainant.    (4)   An explanation of the basis of the complainant’s personal knowledge of the facts underlying the complaint.    (5)   A citation to the specific rule or law which the complainant alleges has been violated.    11.4(3) Required copies—place and time of filing the complaint.      a.    A copy of the complaint must be filed with the board.    b.    The complaint must be delivered personally or by mail to the office of the board. The current office address is the Grimes State Office Building, Third Floor, Des Moines, Iowa 50319-0147701 East Court Avenue, Suite A, Des Moines, Iowa 50309.    c.    Timely filing is required in order to ensure the availability of witnesses and to avoid initiation of an investigation under conditions which may have been significantly altered during the period of delay. The conduct upon which it is based must have occurred or been discovered by the complainant within three years of filing of the complaint unless good cause is shown for an extension of this limitation.    11.4(4) Amendment or withdrawal of complaint.  A complaint or any specification thereof may be amended or withdrawn by the complainant at any time, unless the complaint was filed in accordance with the mandatory reporting requirements set forth in Iowa Code section 272.15(1). The parties to a complaint may mutually agree to the resolution of the complaint at any time in the proceeding prior to issuance of a final order by the board. The resolution must be committed to a written agreement and filed with the board. The agreement is not subject to approval by the board, but shall be acknowledged by the board and may be incorporated into an order of the board.    11.4(5) Respondent entitled to copy of the complaint.  Immediately upon the board’s determination that jurisdictional requirements have been met, the respondent shall be provided a copy of the complaint or amended complaint and any supporting documents attached to the complaint at the time of filing.    11.4(6) Voluntary surrender of license—agreement to accept lesser sanction.  A practitioner may voluntarily surrender the practitioner’s license or agree to accept a lesser sanction from the board prior to or after the filing of a complaint with the board without admitting the truth of the allegations of the complaint if a complaint is on file with the board. In order to voluntarily surrender a license or submit to a sanction, the practitioner must waive the right to hearing before the board and notify the board of the intent to surrender or accept sanction. The board may issue an order permanently revoking the practitioner’s license if it is surrendered, or implementing the agreed upon sanction. The board may decline to issue an agreed upon sanction if, in the board’s judgment, the agreed upon sanction is not appropriate for the circumstances of the case.    11.4(7) Investigation of license reports.      a.    Reports received by the board from another state, territory or other jurisdiction concerning licenses or certificate revocation or suspension shall be reviewed and investigated by the board in the same manner as is prescribed in these rules for the review and investigation of written complaints.    b.    Failure to report a license revocation, suspension or other disciplinary action taken by licensing authority of another state, territory or jurisdiction within 30 days of the final action by such licensing authority shall constitute cause for initiation of an investigation.    11.4(8) Timely resolution of complaints.  Complaints filed with the board must be resolved within 180 days unless good cause can be shown for an extension of this limitation. The board will provide notice to the parties to a complaint prior to taking action to extend this time limitation upon its own motion.    11.4(9) Confidentiality.  All complaint files, investigation files, other investigation reports, and other investigation information in the possession of the board or its employees or agents, which relate to licensee discipline, are privileged and confidential, and are not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the respondent and the board and its employees and agents involved in licensee discipline, and are not admissible in evidence in a judicial or administrative proceeding other than the proceeding involving licensee discipline. However, investigative information in the possession of the board or its employees or agents which is related to licensee discipline may be disclosed to appropriate licensing authorities within this state, the appropriate licensing authorities in another state, the District of Columbia, or a territory or country in which the licensee is licensed or has applied for a license. A final written decision and finding of fact by the board in a disciplinary proceeding is a public record.

        ITEM 17.    Amend subrule 11.14(3) as follows:    11.14(3) Filing—when required.  After the notice of hearing, all documents in a contested case proceeding shall be filed with the Board of Educational Examiners, Grimes State Office Building, Des Moines, Iowa 50319-0147701 East Court Avenue, Suite A, Des Moines, Iowa 50309. All documents that are required to be served upon a party shall be filed simultaneously with the board.    [Filed 11/19/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5321CEducational Examiners Board[282]Adopted and Filed

    Rule making related to licensure for out-of-state applicants

        The Educational Examiners Board hereby amends Chapter 13, “Issuance of Teacher Licenses and Endorsements,” Chapter 18, “Issuance of Administrator Licenses and Endorsements,” Chapter 22, “Authorizations,” and Chapter 27, “Issuance of Professional Service Licenses,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 272.2 and 2020 Iowa Acts, House File 2627.Purpose and Summary    2020 Iowa Acts, House File 2627, directs the Board to update language for granting licensure to out-of-state applicants under certain conditions. These amendments implement those changes throughout the Board’s rules. Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5216C. A public hearing was held on October 28, 2020, at 1 p.m. in the Board Room, 701 East Court Avenue, Suite A, Des Moines, Iowa. No one attended the public hearing.    The Board received public comments in support of the changes from Western Governors University, the Urban Education Network of Iowa, and the Rural School Advocates of Iowa. In response to public comment received, the Board added language allowing holders of an Iowa regional exchange license issued prior to January 1, 2021, to apply for a new evaluation if the requirements of the rule would have been met at the time of their initial application.Adoption of Rule Making    This rule making was adopted by the Board on November 18, 2020.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 282—13.5(272) as follows:

    282—13.5(272) Teacher licenses.  A license may be issued to an applicant who fulfills the general requirements set out in subrule 13.5(1) and the specific requirements set out for each license.    13.5(1) General requirements.  The applicant shall:    a.    Have a baccalaureate degree from a regionally accredited institution.    b.    Have completed a state-approved teacher education program.    c.    Have completed the teacher preparation coursework set forth in 281—subrules 79.15(2) to 79.15(5).    d.    Have completed student teaching in the subject area and grade level endorsement desired.    e.    Have completed the requirements for one of the basic teaching endorsements.    f.    Provide a recommendation for the specific license and endorsement(s) from the designated recommending official at the recognized institution where the preparation was completed.    13.5(2) Applicants from non-Iowa institutions.      a.    Definitions.        "Nontraditional" means any method of teacher preparation that falls outside the traditional method of preparing teachers, that provides at least a one- or two-year sequenced program of instruction taught at regionally accredited and state-approved colleges or universities, that includes commonly recognized pedagogy classes being taught for course credit, and that requires a student teaching component.         "Proficiency," for the purposes of paragraph 13.5(2)“e,” means that an applicant has passed all parts of the standard.        "Recognized non-Iowa teacher preparation institution" means an institution that is state-approved and is accredited by the regional accrediting agency for the territory in which the institution is located.    b.    In addition to the requirements set forth in subrule 13.5(1), an applicant from a non-Iowa institution:     (1)   Shall submit a copy of a valid or expired regular teaching certificate or license exclusive of a temporary, emergency or substitute license or certificate.    (2)   Shall provide verification of successfully passing the Iowa-mandated assessment(s) by meeting the minimum score set by the Iowa department of education if the teacher preparation program was completed on or after January 1, 2013, and the applicant has verified fewer than three years of valid out-of-state teaching experience. If the teacher preparation program was completed prior to January 1, 2013, or if the applicant has verified three years of valid out-of-state teaching experience, the applicant must provide verification of successfully passing the mandated assessment(s) in the state in which the applicant is currently licensed (or verify highly qualified status) or must provide verification of successfully passing the Iowa-mandated assessment(s) by meeting the minimum score set by the Iowa department of education.    (3)   Shall provide an official institutional transcript(s) to be analyzed for the requirements necessary for Iowa licensure. An applicant must have completed at least 75 percent of the coursework as outlined in 281—subrules 79.15(2) to 79.15(5) and an endorsement requirement through a two- or four-year institution in order for the endorsement to be included on the license. An applicant who has not completed at least 75 percent of the coursework for at least one of the basic Iowa teaching endorsements completed will not be issued a license. An applicant seeking a board of educational examiners transcript review must have achieved a C- grade or higher in the courses that will be considered for licensure. An applicant who has met the minimum coursework requirements in this subrule will not be subject to additional coursework deficiency requirements if the applicant provides verification of ten years of successful teaching experience or if the applicant provides verification of five years of successful experience and a master’s degree.    (4)   Shall demonstrate recency of experience by providing verification of either one year of teaching experience or six semester hours of college credit during the five-year period immediately preceding the date of application.    (5)   Shall not be subject to any pending disciplinary proceedings in any state or country.    (6)   Shall comply with all requirements with regard to application processes and payment of licensure fees.    c.    If through a transcript analysis, the teacher preparation coursework as outlined in 281—subrules 79.15(2) to 79.15(5) or one of the basic teaching endorsement requirements for Iowa is not met, the applicant may be eligible for the equivalent Iowa endorsement areas, as designated by the Iowa board of educational examiners, based on current and valid National Board Certification.    d.    If the teacher preparation program was considered nontraditional, candidates will be asked to verify the following:    (1)   That the program was for secondary education;    (2)   A cumulative grade point average of 2.50 on a 4.0 scale from a regionally accredited institution; and    (3)   The completion of a student teaching or internship experience or three years of teaching experience.    e.    If the teacher preparation coursework as outlined in 281—subrules 79.15(2) to 79.15(5) cannot be reviewed through a traditional transcript evaluation, a portfolio review and evaluation process may be utilized.    (1)   An applicant must demonstrate proficiency in a minimum of at least 75 percent of the teacher preparation coursework as outlined in 281—subrules 79.15(2) to 79.15(5).    (2)   An applicant must meet with the board of educational examiners to answer any of the board’s questions concerning the portfolio.    f.    An applicant under this subrule or subrule 13.5(3) shall be granted an Iowa teaching license and will not be subject to additional assessments or coursework deficiencies if the following additional requirements have been met:    (1)   Verification of Iowa residency, or, for military spouses, verification of a permanent change of military installation.    (2)   Valid or expired regular teaching certificate or license in good standing from another state without pending disciplinary action, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement.    (3)   Passing test scores for the required assessments for the state where the teaching license was issued.    g.    Holders of an Iowa regional exchange license issued prior to January 1, 2021, may submit a new application if the requirements in this subrule would have been met at the time of their initial application.    13.5(3) Applicants from foreign institutions.  An applicant for initial licensure whose preparation was completed in a foreign institution mustadditionally obtain a course-by-course credential evaluation report completed by one of the board-approved credential evaluation services and then file this report with the Iowa board of educational examiners for a determination of eligibility for licensure. After receiving the notification of eligibility by the Iowa board of educational examiners, the applicant must provide verification of successfully passing the Iowa-mandated assessment(s) by meeting the minimum score set by the Iowa department of educationpursuant to subparagraph 13.5(2)“b”(2).

        ITEM 2.    Rescind and reserve rule 282—13.15(272).

        ITEM 3.    Amend subrule 13.16(1) as follows:    13.16(1) Substitute teacher requirements.  A substitute teacher’s license may be issued to an individual who provides verification of successfully passing the Iowa-mandated assessment(s) by meeting the minimum score set by the Iowa department of education if the teacher preparation program was completed on or after January 1, 2013, and who:a.    Hashas completed a traditional teacher preparation program and been the holder of, or presently holds, or is eligible to hold, a license in Iowa; or.    b.    Holds a valid or expired teaching certificate based on a nontraditional teacher preparation program, is able to verify three years of teaching experience, and provides passing scores on tests mandated by the state that issued the certificate. The license issued will contain a disclaimer stating that the holder of this license may not be eligible for full Iowa teaching licensure.

        ITEM 4.    Amend rule 282—18.6(272) as follows:

    282—18.6(272) Specific requirements for an administrator prepared out of state.  An applicant seeking Iowa licensure who completes an administrator preparation program from a recognized non-Iowa institution shall verify the requirements of rules 282—18.1(272) and 282—18.4(272) through traditional course-based preparation program and transcript review. A recognized non-Iowa administrator preparation institution is one that is state-approved and is accredited by the regional accrediting agency for the territory in which the institution is located. Applicants must hold and submit a copy of a valid or expired regular administrator certificate or license in theanother state in which the preparation was completed, exclusive of a temporary, emergency or substitute license or certificate.    18.6(1) Administrator exchange license.  A one-year nonrenewable administrator exchange license may be issued to an individual who has not met any of the following requirements:    a.    Endorsement requirements. The applicant has not completed a minimum of 75 percent of the coursework for the PK-12 principal and PK-12 supervisor of special education endorsement, and any additional administrator endorsements desired.    b.    Regular administrator certificate or license in the state in which the preparation was completed. The applicant is eligible for and has applied for a regular administrator certificate or license in the state in which the preparation was completed but has not yet received the certificate or license.    c.    Approved evaluator training requirement. The applicant has not completed the approved evaluator training requirement.    18.6(2) Conversion.  Each applicant who receives the one-year administrator exchange license must complete any identified licensure deficiencies in order to be eligible for an initial administrator license or a professional administrator license in Iowa. Any coursework deficiencies must be completed for college credit through a regionally accredited institution, with the exception of the human relations component which may be taken for licensure renewal credit through an approved provider.    18.6(3) License without deficiencies.  An applicant under this rule shall be granted an Iowa administrator license and will not be subject to coursework deficiencies if the following additional requirements have been met:    a.    Verification of Iowa residency, or, for military spouses, verification of a permanent change of military installation.    b.    Valid or expired administrator certificate or license in good standing without pending disciplinary action from another state, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement.     18.6(4)   Holders of an Iowa administrator exchange license issued prior to January 1, 2021, may submit a new application if the requirements in this rule would have been met at the time of their initial application.

        ITEM 5.    Adopt the following new paragraph 22.1(2)"d":    d.    License without deficiencies.Applicants who hold a coaching license, certificate, or authorization from at least one other issuing jurisdiction in another state will not be subject to additional coursework if the following requirements have been met:    (1)   Verification of Iowa residency in the state of Iowa, or, for military spouses, verification of a permanent change of military installation.    (2)   Valid or expired equivalent license in good standing from another state without pending disciplinary action, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate.

        ITEM 6.    Adopt the following new subrule 27.2(4):    27.2(4) Professional service exchange license.      a.    For an applicant applying under rule 282—27.1(272), a two-year nonrenewable exchange license may be issued to the applicant if the applicant has met at least 75 percent of the minimum coursework requirements for licensure but has some coursework deficiencies. At any time during the term of the exchange license, the applicant may apply to be fully licensed if the applicant has completed all requirements and is eligible for full licensure.    b.    An applicant under this section shall be granted an Iowa professional service license and will not be subject to coursework deficiencies if the following additional requirements have been met:    (1)   Verification of Iowa residency, or, for military spouses, verification of a permanent change of military installation.    (2)   Valid or expired equivalent license in good standing from another state without pending disciplinary action, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement.

        ITEM 7.    Adopt the following new subrule 27.2(5):    27.2(5) Class G license.  A nonrenewable Class G license valid for one year may be issued to an individual who must complete a school counseling practicum or internship in an approved program in preparation for the professional school counselor endorsement. The Class G license may be issued under the following limited conditions:     a.    Verification of a baccalaureate degree from a regionally accredited institution.    b.    Verification from the institution that the individual is admitted and enrolled in a school counseling program.    c.    Verification that the individual has completed the coursework and competencies required prior to the practicum or internship.    d.    Written documentation of the requirements listed in paragraphs 27.2(5)“a” to “c,” provided by the official at the institution where the individual is completing the approved school counseling program and forwarded to the Iowa board of educational examiners with the application form for licensure.    [Filed 11/19/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5322CEducational Examiners Board[282]Adopted and Filed

    Rule making related to endorsements and authorizations

        The Educational Examiners Board hereby amends Chapter 13, “Issuance of Teacher Licenses and Endorsements,” Chapter 15, “Special Education Support Personnel Authorizations,” Chapter 18, “Issuance of Administrator Licenses and Endorsements,” Chapter 22, “Authorizations,” Chapter 23, “Behind-the-Wheel Driving Instructor Authorization,” and Chapter 27, “Issuance of Professional Service Licenses,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 272.2.Purpose and Summary    These amendments update teacher endorsement areas, move the orientation and mobility specialist authorization to Chapter 22, update the administrator endorsements to align with national standards, and update the behind-the-wheel driving instructor authorization to remove redundant requirements already listed within the Iowa Department of Transportation chapters of the Iowa Administrative Code.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5212C. A public hearing was held on October 28, 2020, at 1 p.m. in the Board Room, 701 East Court Avenue, Suite A, Des Moines, Iowa. No one attended the public hearing.     The Board received 31 comments from individuals in opposition to the creation of the “Social sciences—basic” endorsement. The Board received supportive comments regarding this endorsement from education faculty at the University of Iowa, Simpson College, Drake University, and Buena Vista University.    One change from the Notice has been made. Because there is no existing rule 282—22.12(272), a technical change was made to the item statement for Item 7 to describe the amendment as the adoption of a new rule 282—22.12(272), rather than as the rescission of rule 282—22.12(272) and the adoption of a new rule in its place.Adoption of Rule Making    This rule making was adopted by the Board on November 18, 2020.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 282—13.28(272) as follows:

    282—13.28(272) Minimum content requirements for teaching endorsements.      13.28(1) Agriculture.  5-12. Completion of 24 semester credit hours in agriculture and agriculture education to include:    a.    Foundations of vocational and career education.    b.    Planning and implementing courses and curriculum.    c.    Methods and techniques of instruction to include evaluation of programs and students.    d.    Coordination of cooperative education programs.    e.    Coursework in each of the following areas and at least three semester credit hours in five of the following areas:    (1)   Agribusiness systems.    (2)   Power, structural, and technical systems.    (3)   Plant systems.    (4)   Animal systems.    (5)   Natural resources systems.    (6)   Environmental service systems.    (7)   Food products and processing systems.    13.28(2) Art.  K-8 or 5-12. Completion of 24 semester hours in art to include coursework in art history, studio art, and two- and three-dimensional art.    13.28(3) Business—all.  5-12. Completion of 30 semester hours in business to include 6 semester hours in accounting, 3 semester hours in business law to include contract law, 3 semester hours in computer and technical applications in business, 6 semester hours in marketing to include consumer studies, 3 semester hours in management, 6 semester hours in economics, and 3 semester hours in business communications to include formatting, language usage, and oral presentation. Coursework in entrepreneurship and in financial literacy may be a part of, or in addition to, the coursework listed above.    13.28(4) Driver education.  5-12. Completion of 9 semester hours in driver education to include coursework in accident prevention that includes drug and alcohol abuse; vehicle safety; and behind-the-wheel driving.    13.28(5) English/language arts.      a.    K-8.Completion of 24 semester hours in English and language arts to include coursework in oral communication, written communication, language development, reading, children’s literature, creative drama or oral interpretation of literature, and American literature.    b.    5-12.Completion of 24 semester hours in English to include coursework in oral communication, written communication, language development, reading, American literature, English literature and adolescent literature.    13.28(6) Language arts.  5-12. Completion of 40 semester hours in language arts to include coursework in the following areas:    a.    Written communication.    (1)   Develops a wide range of strategies and appropriately uses writing process elements (e.g., brainstorming, free-writing, first draft, group response, continued drafting, editing, and self-reflection) to communicate with different audiences for a variety of purposes.    (2)   Develops knowledge of language structure (e.g., grammar), language conventions (e.g., spelling and punctuation), media techniques, figurative language and genre to create, critique, and discuss print and nonprint texts.    b.    Oral communication.    (1)   Understands oral language, listening, and nonverbal communication skills; knows how to analyze communication interactions; and applies related knowledge and skills to teach students to become competent communicators in varied contexts.    (2)   Understands the communication process and related theories, knows the purpose and function of communication and understands how to apply this knowledge to teach students to make appropriate and effective choices as senders and receivers of messages in varied contexts.    c.    Language development.    (1)   Understands inclusive and appropriate language, patterns and dialects across cultures, ethnic groups, geographic regions and social roles.    (2)   Develops strategies to improve competency in the English language arts and understanding of content across the curriculum for students whose first language is not English.    d.    Young adult literature, American literature, and world literature.    (1)   Reads, comprehends, and analyzes a wide range of texts to build an understanding of self as well as the cultures of the United States and the world in order to acquire new information, to respond to the needs and demands of society and the workplace, and for personal fulfillment. Among these texts are fiction and nonfiction, graphic novels, classic and contemporary works, young adult literature, and nonprint texts.    (2)   Reads a wide range of literature from many periods in many genres to build an understanding of the many dimensions (e.g., philosophical, ethical, aesthetic) of human experience.    (3)   Applies a wide range of strategies to comprehend, interpret, evaluate, and appreciate texts. Draws on prior experience, interactions with other readers and writers, knowledge of word meaning and of other texts, word identification strategies, and an understanding of textual features (e.g., sound-letter correspondence, sentence structure, context, graphics).    (4)   Participates as a knowledgeable, reflective, creative, and critical member of a variety of literacy communities.    e.    Creative voice.    (1)   Understands the art of oral interpretation and how to provide opportunities for students to develop and apply oral interpretation skills in individual and group performances for a variety of audiences, purposes and occasions.    (2)   Understands the basic skills of theatre production including acting, stage movement, and basic stage design.    f.    Argumentation/debate.    (1)   Understands concepts and principles of classical and contemporary rhetoric and is able to plan, prepare, organize, deliver and evaluate speeches and presentations.    (2)   Understands argumentation and debate and how to provide students with opportunities to apply skills and strategies for argumentation and debate in a variety of formats and contexts.    g.    Journalism.    (1)   Understands ethical standards and major legal issues including First Amendment rights and responsibilities relevant to varied communication content. Utilizes strategies to teach students about the importance of freedom of speech in a democratic society and the rights and responsibilities of communicators.    (2)   Understands the writing process as it relates to journalism (e.g., brainstorming, questioning, reporting, gathering and synthesizing information, writing, editing, and evaluating the final media product).    (3)   Understands a variety of forms of journalistic writing (e.g., news, sports, features, opinion, Web-based) and the appropriate styles (e.g., Associated Press, multiple sources with attribution, punctuation) and additional forms unique to journalism (e.g., headlines, cutlines, and/or visual presentations).    h.    Mass media production.    (1)   Understands the role of the media in a democracy and the importance of preserving that role.    (2)   Understands how to interpret and analyze various types of mass media messages in order for students to become critical consumers.    (3)   Develops the technological skills needed to package media products effectively using various forms of journalistic design with a range of visual and auditory methods.    i.    Reading strategies (if not completed as part of the professional education core requirements).    (1)   Uses a variety of skills and strategies to comprehend and interpret complex fiction, nonfiction and informational text.    (2)   Reads for a variety of purposes and across content areas.    13.28(7) ForeignWorld language.  K-8 and 5-12. Completion of 24 semester hours in each foreignworld language for which endorsement is sought.    13.28(8) Health.  K-8 and 5-12. Completion of 24 semester hours in health to include coursework in public or community health, personal wellness, substance abuse, family life education, mental/emotional health, and human nutrition. A current certificate of CPR training is required in addition to the coursework requirements.For holders of physical education or family and consumer science endorsements, completion of 18 credit hours in health to include coursework in public or community health, personal wellness, substance abuse, family life education, mental/emotional health, and human nutrition. A current certificate of CPR training is required in addition to the coursework requirements.    13.28(9) Family and consumer sciences—general.  5-12. Completion of 24 semester hours in family and consumer sciences to include coursework in lifespan development, parenting and child development education, family studies, consumer resource management, textiles or apparel design and merchandising, housing, foods and nutrition, and foundations of career and technical education as related to family and consumer sciences.    13.28(10) Industrial technology.  5-12. Completion of 24 semester hours in industrial technology to include coursework in manufacturing, construction, energy and power, graphic communications and transportation. The coursework is to include at least 6 semester hours in three different areas.    13.28(11) Journalism.  5-12. Completion of 15 semester hours in journalism to include coursework in writing, editing, production and visual communications.    13.28(12) Mathematics.      a.    K-8.Completion of 24 semester hours in mathematics to include coursework in algebra, geometry, number theory, measurement, computer programming, and probability and statistics.    b.    5-12.    (1)   Completion of 24 semester hours in mathematics to include a linear algebra or an abstract (modern) algebra course, a geometry course, a two-course sequence in calculus, a computer programming course, a probability and statistics course, and coursework in discrete mathematics.    (2)   For holders of the physics 5-12 endorsement, completion of 17 semester hours in mathematics to include a geometry course, a two-course sequence in calculus, a probability and statistics course, and coursework in discrete mathematics.    (3)   For holders of the all science 9-12 endorsement, completion of 17 semester hours in mathematics to include a geometry course, a two-course sequence in calculus, a probability and statistics course, and coursework in discrete mathematics.    c.    5-8 algebra for high school credit.For a 5-8 algebra for high school credit endorsement, hold either the K-8 mathematics or middle school mathematics endorsement and complete a college algebra or linear algebra class. This endorsement allows the holder to teach algebra to grades 5-8 for high school credit.    13.28(13) Music.      a.    K-8.Completion of 24 semester hours in music to include coursework in music theory (at least two courses), music history, and applied music, and a methods course in each of the following: general, choral, and instrumental music.    b.    5-12.Completion of 24 semester hours in music to include coursework in music theory (at least two courses), music history (at least two courses), applied music, and conducting, and a methods course in each of the following: general, choral, and instrumental music.    13.28(14) Physical education.      a.    K-8.Completion of 24 semester hours in physical education to include coursework in human anatomy, human physiology, movement education, adaptive physical education, personal wellness, human growth and development of children related to physical education, and first aid and emergency care. A current certificate of CPR training is required in addition to the coursework requirements.    b.    5-12.Completion of 24 semester hours in physical education to include coursework in human anatomy, kinesiology, human physiology, human growth and development related to maturational and motor learning, adaptive physical education, curriculum and administration of physical education, personal wellness, and first aid and emergency care. A current certificate of CPR training is required in addition to the coursework requirements.    13.28(15) Reading.  K-8 and 5-12. Completion of 24 semester hours in reading to include all of the following requirements:    a.    Foundations of reading.This requirement includes the following competencies:    (1)   The practitioner demonstrates knowledge of the psychological, sociocultural, motivational, and linguistic foundations of reading and writing processes and instruction.    (2)   The practitioner demonstrates knowledge of a range of research pertaining to reading, writing, and learning, including the analysis of scientifically based reading research, and knowledge of histories of reading. The range of research encompasses research traditions from the fields of the social sciences and other paradigms appropriate for informing practice and also definitions of reading difficulties including but not limited to dyslexia.    (3)   The practitioner demonstrates knowledge of the major components of reading, such as comprehension, vocabulary, word identification, fluency, phonics, and phonemic awareness, and effectively integrates curricular standards with student interests, motivation, and background knowledge.    b.    Reading curriculum and instruction.This requirement includes the following competencies:    (1)   The practitioner demonstrates knowledge of designing and implementing an integrated, comprehensive, and balanced curriculum that addresses the major components of reading and contains a wide range of texts, including but not limited to narrative, expository, and poetry, and including traditional print, digital, and online resources.    (2)   The practitioner uses knowledge of a range of research-based strategies and instructional technology for designing and delivering effective instruction, including appropriate interventions, remediation, assistive technology, and classroom accommodations for students with dyslexia and other difficulties.    (3)   The practitioner demonstrates knowledge of grouping students, selecting materials appropriate for learners with diverse abilities at various stages of reading and writing development, differentiating instruction to meet the unique needs of all learners, including students with dyslexia, offering sufficient opportunities for students to practice reading skills, and providing frequent and specific instructional feedback to guide students’ learning.    (4)   The practitioner demonstrates knowledge of designing instruction to meet the needs of diverse populations, including populations in urban, suburban, and rural settings, as well as for students from various cultural and linguistic backgrounds.    (5)   The practitioner demonstrates knowledge of creating a literate physical environment which is low risk, supports students as agents of their own learning, and supports a positive socio-emotional impact for students to identify as readers.    c.    Reading assessment, diagnosis and evaluation.This requirement includes the following competencies:     (1)   The practitioner understands types of reading and writing assessments and their purposes, strengths, and limitations.    (2)   The practitioner demonstrates knowledge of selecting and developing appropriate assessment instruments, procedures, and practices that range from individual to group and from formal to informal to alternative for the identification, screening, and diagnosis of all students’ reading proficiencies and needs including knowledge of the signs and symptoms of dyslexia and other reading difficulties.    (3)   The practitioner demonstrates knowledge of assessment data analysis to inform, plan, measure, progress monitor, and revise instruction for all students and to communicate the outcomes of ongoing assessments to all stakeholders.    (4)   The practitioner demonstrates awareness of policies and procedures related to special programs, including Title I.    d.    Reading in the content areas.This requirement includes the following competencies:    (1)   The practitioner demonstrates knowledge of morphology and the etymology of words, along with text structure and the dimensions of content area vocabulary and comprehension, including literal, interpretive, critical, and evaluative.    (2)   The practitioner demonstrates an understanding of reading theory, reading knowledge, and a variety of research-based strategies and approaches to provide effective literacy instruction into content areas.    (3)   The practitioner demonstrates knowledge of integrating literacy instruction into content areas for all students, including but not limited to students with disabilities, students who are at risk of academic failure, students who have been identified as gifted and talented, students who have limited English language proficiency, and students with dyslexia, whether or not such students have been identified as children requiring special education under Iowa Code chapter 256B.    e.    Language development.This requirement includes the following competency: The practitioner uses knowledge of oral language development, linguistics including phonology and phonological awareness, sound-symbol association, syllable types, morphology, syntax and semantics and the relationship of these components to typical and atypical reading development and reading instruction, cognitive academic language development, oral and written language proficiency (including second language development), acquisition of reading skills, and the variations related to cultural and linguistic diversity to provide effective instruction in reading and writing.    f.    Oral communication instruction.This requirement includes the following competencies:    (1)   The practitioner has knowledge of the unique needs and backgrounds of students with language differences and delays.    (2)   The practitioner uses effective strategies for facilitating the learning of language for academic purposes by all learners.    g.    Written communication instruction.This requirement includes the following competency: The practitioner uses knowledge of reading-writing-speaking connections; the writing process to include structures of language and grammar; the stages of spelling development; the different types of writing, such as narrative, expressive, persuasive, informational, and descriptive; and the connections between oral and written language development to effectively teach writing as communication.    h.    Children’s fiction and nonfiction (K-8 only) or adolescent or young adult fiction and nonfiction (5-12 only).This requirement includes the following competency: The practitioner uses knowledge of children’s literature (K-8) or adolescent or young adult literature (5-12) for:     (1)   Modeling the reading and writing of varied genres, including fiction and nonfiction; technology- and media-based information; and nonprint materials;    (2)   Motivating through the use of texts at multiple levels, representing broad interests, and reflecting varied cultures, linguistic backgrounds, and perspectives; and    (3)   Matching text complexities to the proficiencies and needs of readers.    i.    Practicum.This requirement includes the following competencies:    (1)   The practitioner works with appropriately licensed professionals who observe, evaluate, and provide feedback on the practitioner’s knowledge, dispositions, and performance of the teaching of reading and writing.    (2)   The practitioner effectively uses reading and writing strategies, materials, and assessments based upon appropriate reading and writing research and works with colleagues and families in the support of children’s reading and writing development.    13.28(16) Reading specialist.  K-12. The applicant must have met the requirements for the standard license and a K-8 or 5-12 reading endorsement and must present evidence of at least three years of experience which included the teaching of reading as a significant part of the responsibility.    a.    Authorization.The holder of this endorsement is authorized to serve as a reading specialist in kindergarten and grades one through twelve.    b.    Program requirements.Degree—master’s.    c.    Content.Completion of a sequence of courses and experiences which may have been a part of, or in addition to, the degree requirements. This sequence is to be at least 24 semester hours to include the following:    (1)   Foundations of reading. The reading specialist will understand the historical, theoretical, and evidence-based foundations of reading and writing processes and instruction and will be able to interpret these findings to model exemplary instructional methods for students with typical and atypical literacy development and effectively develop and lead professional development.    (2)   Curriculum and instruction. The reading specialist will use instructional approaches, materials, and an integrated, comprehensive, balanced curriculum to support student learning in reading and writing including the following:
    1. Work collaboratively with teachers to develop a literacy curriculum that has vertical and horizontal alignment K-12 and that uses instructional approaches supported by literature and research for the following areas: print, phonemic awareness, phonics, fluency, comprehension, vocabulary, writing, critical thinking, and motivation.
    2. Support classroom teachers to implement and adapt in-depth instructional approaches, including but not limited to approaches to improve decoding, comprehension, and information retention, to meet the language-proficiency needs of English language learners and the needs of students with reading difficulties or reading disabilities, including appropriate interventions, remediation, assistive technology, and classroom accommodations for students with dyslexia and other difficulties within or outside the regular classroom.
    3. Demonstrate a knowledge of a wide variety of quality traditional print, digital, and online resources and support classroom teachers in building and using a quality, accessible classroom library and materials collection that meets the specific needs and abilities of all learners.
    4. Provide support for curriculum and instruction through modeling, coteaching, observing, planning, reviewing literacy data, and providing resources.
        (3)   Assessment, diagnosis, and evaluation. The reading specialist will use a variety of assessment tools and practices to plan and evaluate effective reading and writing instruction including the following:
    1. Demonstrate an understanding of the literature and research related to assessments and their purposes, including the strengths and limitations of assessments, and assessment tools for screening, diagnosis, progress monitoring, and measuring outcomes; demonstrate an understanding of the signs and symptoms of reading difficulties including but not limited to dyslexia; and also demonstrate an understanding of district and state assessments, proficiency standards and student benchmarks.
    2. Select, administer, and interpret assessments for specific purposes, including collaboration with teachers in the analysis of data, and leading schoolwide or districtwide scale analyses to select assessment tools that provide a systemic framework for assessing reading, writing, and language growth of all students, including those with reading difficulties and reading disabilities including but not limited to students with dyslexia and English language learners.
    3. Use assessment information to plan and evaluate instruction, including multiple data sources for analysis and instructional planning, for examining the effectiveness of specific intervention practices and students’ responses to interventions including appropriate interventions, remediation, assistive technology, and classroom accommodations for students with dyslexia and other difficulties, and to plan professional development initiatives.
    4. Communicate assessment results and implications to a variety of audiences.
        (4)   Administration and supervision of reading programs. The reading specialist will:
    1. Demonstrate foundational knowledge of adult learning theories and related research about organizational change, professional development, and school culture.
    2. Demonstrate the practical application of literacy leadership including planning, developing, supervising, and evaluating literacy programs at all levels.
    3. Demonstrate knowledge of supervising an overall reading program, including but not limited to staffing; budgetary practices; planning, preparing, and selecting materials; subsystems; special provisions; and evaluating teacher performance.
    4. Participate in, design, facilitate, lead, and evaluate effective and differentiated professional development programs to effectively implement literacy instruction.
    5. Demonstrate an understanding of local, state, and national policies that affect reading and writing instruction.
    6. Promote effective communication and collaboration among stakeholders, including parents and guardians, teachers, administrators, policymakers, and community members, and advocate for change when necessary to promote effective literacy instruction.
        (5)   Educational research, measurement and evaluation. The reading specialist will effectively utilize existing research and learn to conduct new research to continuously improve the design and implementation of a comprehensive reading system.    (6)   Psychology of language and reading. The reading specialist will understand the highly complex processes by which children learn to speak, read, and write, including language acquisition, linguistics including phonology and phonological awareness, sound-symbol association, syllable types, morphology, syntax and semantics and the relationship of these components to typical and atypical reading development and reading instruction, ranges of individual differences, reading difficulties and reading disabilities, including but not limited to dyslexia, and the importance of the role of diversity in learning to read and write.    (7)   Practicum in reading leadership. The reading specialist will participate in elementary and secondary practicum experiences with licensed teachers who are serving in leadership roles in the area of reading.
        13.28(17) Science.      a.    Science—basic.K-8.    (1)   Required coursework. Completion of at least 24 semester hours in science to include 12 hours in physical sciences, 6 hours in biology, and 6 hours in earth/space sciences.    (2)   Pedagogy competencies.
    1. Understand the nature of scientific inquiry, its central role in science, and how to use the skills and processes of scientific inquiry.
    2. Understand the fundamental facts and concepts in major science disciplines.
    3. Be able to make conceptual connections within and across science disciplines, as well as to mathematics, technology, and other school subjects.
    4. Be able to use scientific understanding when dealing with personal and societal issues.
        b.    Biological science.5-12. Completion of 24 semester hours in biological science or 30 semester hours in the broad area of science to include 15 semester hours in biological science.    c.    Chemistry.5-12. Completion of 24 semester hours in chemistry or 30 semester hours in the broad area of science to include 15 semester hours in chemistry.    d.    Earth science.5-12. Completion of 24 semester hours in earth science or 30 semester hours in the broad area of science to include 15 semester hours in earth science.    e.    Basic science.5-12. Completion of 24 semester hours of credit in science to include the following:    (1)   Six semester hours of credit in earth and space science to include the following essential concepts and skills:
    1. Understand and apply knowledge of energy in the earth system.
    2. Understand and apply knowledge of geochemical cycles.
        (2)   Six semester hours of credit in life science/biological science to include the following essential concepts and skills:
    1. Understand and apply knowledge of the cell.
    2. Understand and apply knowledge of the molecular basis of heredity.
    3. Understand and apply knowledge of the interdependence of organisms.
    4. Understand and apply knowledge of matter, energy, and organization in living systems.
    5. Understand and apply knowledge of the behavior of organisms.
        (3)   Six semester hours of credit in physics/physical science to include the following essential concepts and skills:
    1. Understand and apply knowledge of the structure of atoms.
    2. Understand and apply knowledge of the structure and properties of matter.
    3. Understand and apply knowledge of motions and forces.
    4. Understand and apply knowledge of interactions of energy and matter.
        (4)   Six semester hours of credit in chemistry to include the following essential concepts and skills:
    1. Understand and apply knowledge of chemical reactions.
    2. Be able to design and conduct scientific investigations.
        f.    Physical science.Rescinded IAB 11/14/12, effective 12/19/12.    g.    Physics.    (1)   5-12. Completion of 24 semester hours in physics or 30 semester hours in the broad area of science to include 15 semester hours in physics.    (2)   For holders of the mathematics 5-12 endorsement, completion of:
    1. 12 credits of physics to include coursework in mechanics, electricity, and magnetism; and
    2. A methods class that includes inquiry-based instruction, resource management, and laboratory safety.
        (3)   For holders of the chemistry 5-12 endorsement, completion of 12 credits of physics to include coursework in mechanics, electricity, and magnetism.
        h.    All science I.Rescinded IAB 11/14/12, effective 12/19/12.    i.    All science.5-12.    (1)   Completion of 36 semester hours of credit in science to include the following:
    1. Nine semester hours of credit in earth and space science to include the following essential concepts and skills:
    2. Understand and apply knowledge of energy in the earth system.
    3. Understand and apply knowledge of geochemical cycles.
    4. Understand and apply knowledge of the origin and evolution of the earth system.
    5. Understand and apply knowledge of the origin and evolution of the universe.
    6. Nine semester hours of credit in life science/biological science to include the following essential concepts and skills:
    7. Understand and apply knowledge of the cell.
    8. Understand and apply knowledge of the molecular basis of heredity.
    9. Understand and apply knowledge of the interdependence of organisms.
    10. Understand and apply knowledge of matter, energy, and organization in living systems.
    11. Understand and apply knowledge of the behavior of organisms.
    12. Understand and apply knowledge of biological evolution.
    13. Nine semester hours of credit in physics/physical science to include the following essential concepts and skills:
    14. Understand and apply knowledge of the structure of atoms.
    15. Understand and apply knowledge of the structure and properties of matter.
    16. Understand and apply knowledge of motions and forces.
    17. Understand and apply knowledge of interactions of energy and matter.
    18. Understand and apply knowledge of conservation of energy and increase in disorder.
    19. Nine semester hours of credit in chemistry to include the following essential concepts and skills:
    20. Understand and apply knowledge of chemical reactions.
    21. Be able to design and conduct scientific investigations.
        (2)   Pedagogy competencies.
    1. Understand the nature of scientific inquiry, its central role in science, and how to use the skills and processes of scientific inquiry.
    2. Understand the fundamental facts and concepts in major science disciplines.
    3. Be able to make conceptual connections within and across science disciplines, as well as to mathematics, technology, and other school subjects.
    4. Be able to use scientific understanding when dealing with personal and societal issues.
        13.28(18) Social sciences.      a.    American government.5-12. Completion of 24 semester hours in American government or 30 semester hours in the broad area of social sciences to include 15 semester hours in American government.    b.    American history.5-12. Completion of 24 semester hours in American history or 30 semester hours in the broad area of social sciences to include 15 semester hours in American history.    c.    Anthropology.5-12. Completion of 24 semester hours in anthropology or 30 semester hours in the broad area of social sciences to include 15 semester hours in anthropology.    d.    Economics.5-12. Completion of 24 semester hours in economics or 30 semester hours in the broad area of social sciences to include 15 semester hours in economics, or 30 semester hours in the broad area of business to include 15 semester hours in economics.    e.    Geography.5-12. Completion of 24 semester hours in geography or 30 semester hours in the broad area of social sciences to include 15 semester hours in geography.    f.    History.K-8. Completion of 24 semester hours in history to include at least 9 semester hours in American history and 9 semester hours in world history.    g.    Psychology.5-12. Completion of 24 semester hours in psychology or 30 semester hours in the broad area of social sciences to include 15 semester hours in psychology.    h.    Social studies.K-8. Completion of 24 semester hours in social studies, to include coursework from at least three of these areas: history, sociology, economics, American government, psychology and geography.    i.    Sociology.5-12. Completion of 24 semester hours in sociology or 30 semester hours in the broad area of social sciences to include 15 semester hours in sociology.    j.    World history.5-12. Completion of 24 semester hours in world history or 30 semester hours in the broad area of social sciences to include 15 semester hours in world history.    k.    All social sciences.5-12. Completion of 51 semester hours in the social sciences to include 9 semester hours in each of American and world history, 9 semester hours in government, 6 semester hours in sociology, 6 semester hours in psychology other than educational psychology, 6 semester hours in geography, and 6 semester hours in economics.    l.    Social sciences—basic.5-12. Completion of 27 semester hours to include 9 semester hours in each of American history, world history, and American government. Holders of the 5-12 social sciences—basic endorsement may add the following endorsements with 6 semester hours per endorsement area: 5-12 economics, 5-12 geography, 5-12 psychology, or 5-12 sociology.    13.28(19) Speech communication/theatre.      a.    K-8.Completion of 20 semester hours in speech communication/theatre to include coursework in speech communication, creative drama or theatre, and oral interpretation.    b.    5-12.Completion of 24 semester hours in speech communication/theatre to include coursework in speech communication, oral interpretation, creative drama or theatre, argumentation and debate, and mass media communication.    13.28(20) English as a second language (ESL).  K-12.    a.    Authorization.The holder of this endorsement is authorized to teach English as a second language in kindergarten and grades one through twelve.    b.    Content.Completion of 18 semester hours of coursework in English as a second language to include the following:    (1)   Knowledge of pedagogy to include the following:
    1. Methods and curriculum to include the following:
    2. Bilingual and ESL methods.
    3. Literacy in native and second language.
    4. Methods for subject matter content.
    5. Adaptation and modification of curriculum.
    6. Assessment to include language proficiency and academic content.
        (2)   Knowledge of linguistics to include the following:
    1. Psycholinguistics and sociolinguistics.
    2. Language acquisition and proficiency to include the following:
    3. Knowledge of first and second language proficiency.
    4. Knowledge of first and second language acquisition.
    5. Language to include structure and grammar of English.
        (3)   Knowledge of cultural and linguistic diversity to include the following:
    1. History.
    2. Theory, models, and research.
    3. Policy and legislation.
        (4)   Current issues with transient populations.
        13.28(21) Elementary school teacher librarian.      a.    Authorization.The holder of this endorsement is authorized to serve as a teacher librarian in prekindergarten through grade eight.    b.    Content.Completion of 24 semester hours in school library coursework to include the following:    (1)   Literacy and reading. This requirement includes the following competencies:
    1. Practitioners collaborate with other teachers to integrate developmentally appropriate literature in multiple formats to support literacy in children.
    2. Practitioners demonstrate knowledge of resources and strategies to foster leisure reading and model personal enjoyment of reading among children, based on familiarity with selection tools and current trends in literature for children.
        (2)   Information and knowledge. This requirement includes the following competencies:
    1. Practitioners teach multiple strategies to locate, analyze, evaluate, and ethically use information in the context of inquiry-based learning.
    2. Practitioners advocate for flexible and open access to library resources, both physical and virtual.
    3. Practitioners uphold and promote the legal and ethical codes of their profession, including privacy, confidentiality, freedom and equity of access to information.
    4. Practitioners use skills and knowledge to assess reference sources, services, and tools in order to mediate between information needs and resources to assist learners in determining what they need.
    5. Practitioners model and facilitate authentic learning with current and emerging digital tools for locating, analyzing, evaluating and ethically using information resources to support research, learning, creating, and communicating in a digital society.
    6. Practitioners demonstrate knowledge of creative and innovative uses of technologies to engage students and facilitate higher-level thinking.
    7. Practitioners develop an articulated information literacy curriculum grounded in research related to the information search process.
        (3)   Program administration and leadership. This requirement includes the following competencies:
    1. Practitioners evaluate and select print, nonprint, and digital resources using professional selection tools and evaluation criteria to develop and manage a quality collection designed to meet the diverse curricular, personal, and professional needs of the educational community.
    2. Practitioners demonstrate knowledge necessary to organize the library collections according to current standard library cataloging and classification principles.
    3. Practitioners develop policies and procedures to support ethical use of information, intellectual freedom, selection and reconsideration of library materials, and the privacy of users.
    4. Practitioners develop strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program.
        (4)   Practicum. This requirement includes the following competencies:
    1. Practitioners apply knowledge of learning styles, stages of human growth and development, and cultural influences of learning at the elementary level.
    2. Practitioners implement the principles of effective teaching and learning that contribute to an active, inquiry-based approach to learning in a digital environment at the elementary level.
    3. Practitioners understand the teacher librarian role in curriculum development and the school improvement process at the elementary level.
    4. Practitioners collaborate to integrate information literacy and emerging technologies into content area curricula at the elementary level.
        13.28(22) Secondary school teacher librarian.      a.    Authorization.The holder of this endorsement is authorized to serve as a teacher librarian in grades five through twelve.    b.    Content.Completion of 24 semester hours in school library coursework to include the following:    (1)   Literacy and reading. This requirement includes the following competencies:
    1. Practitioners collaborate with other teachers to integrate developmentally appropriate literature in multiple formats to support literacy in young adults.
    2. Practitioners demonstrate knowledge of resources and strategies to foster leisure reading and model personal enjoyment of reading among young adults, based on familiarity with selection tools and current trends in literature for young adults.
        (2)   Information and knowledge. This requirement includes the following competencies:
    1. Practitioners teach multiple strategies to locate, analyze, evaluate, and ethically use information in the context of inquiry-based learning.
    2. Practitioners advocate for flexible and open access to library resources, both physical and virtual.
    3. Practitioners uphold and promote the legal and ethical codes of their profession, including privacy, confidentiality, freedom and equity of access to information.
    4. Practitioners use skills and knowledge to assess reference sources, services, and tools in order to mediate between information needs and resources to assist learners in determining what they need.
    5. Practitioners model and facilitate authentic learning with current and emerging digital tools for locating, analyzing, evaluating and ethically using information resources to support research, learning, creating, and communicating in a digital society.
    6. Practitioners demonstrate knowledge of creative and innovative uses of technologies to engage students and facilitate higher-level thinking.
    7. Practitioners develop an articulated information literacy curriculum grounded in research related to the information search process.
        (3)   Program administration and leadership. This requirement includes the following competencies:
    1. Practitioners evaluate and select print, nonprint, and digital resources using professional selection tools and evaluation criteria to develop and manage a quality collection designed to meet the diverse curricular, personal, and professional needs of the educational community.
    2. Practitioners demonstrate knowledge necessary to organize the library collections according to current standard library cataloging and classification principles.
    3. Practitioners develop policies and procedures to support ethical use of information, intellectual freedom, selection and reconsideration of library materials, and the privacy of users.
    4. Practitioners develop strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program.
        (4)   Practicum. This requirement includes the following competencies:
    1. Practitioners apply knowledge of learning styles, stages of human growth and development, and cultural influences of learning at the secondary level.
    2. Practitioners implement the principles of effective teaching and learning that contribute to an active, inquiry-based approach to learning in a digital environment at the secondary level.
    3. Practitioners understand the teacher librarian role in curriculum development and the school improvement process at the secondary level.
    4. Practitioners collaborate to integrate information literacy and emerging technologies into content area curricula at the secondary level.
        13.28(23) School teacher librarian.  PK-12.    a.    Authorization.The holder of this endorsement is authorized to serve as a teacher librarian in prekindergarten through grade twelve. The applicant must be the holder of or eligible for the initial license.    b.    Program requirements.Degree—master’s.    c.    Content.Completion of a sequence of courses and experiences which may have been part of, or in addition to, the degree requirements. This sequence is to be at least 30 semester hours in school library coursework, to include the following:    (1)   Literacy and reading. This requirement includes the following competencies:
    1. Practitioners collaborate with other teachers to integrate developmentally appropriate literature in multiple formats to support literacy for youth of all ages.
    2. Practitioners demonstrate knowledge of resources and strategies to foster leisure reading and model personal enjoyment of reading, based on familiarity with selection tools and current trends in literature for youth of all ages.
    3. Practitioners understand how to develop a collection of reading and informational materials in print and digital formats that supports the diverse developmental, cultural, social and linguistic needs of all learners and their communities.
    4. Practitioners model and teach reading comprehension strategies to create meaning from text for youth of all ages.
        (2)   Information and knowledge. This requirement includes the following competencies:
    1. Practitioners teach multiple strategies to locate, analyze, evaluate, and ethically use information in the context of inquiry-based learning.
    2. Practitioners advocate for flexible and open access to library resources, both physical and virtual.
    3. Practitioners uphold and promote the legal and ethical codes of their profession, including privacy, confidentiality, freedom and equity of access to information.
    4. Practitioners use skills and knowledge to assess reference sources, services, and tools in order to mediate between information needs and resources to assist learners in determining what they need.
    5. Practitioners model and facilitate authentic learning with current and emerging digital tools for locating, analyzing, evaluating and ethically using information resources to support research, learning, creating, and communicating in a digital society.
    6. Practitioners demonstrate knowledge of creative and innovative uses of technologies to engage students and facilitate higher-level thinking.
    7. Practitioners develop an articulated information literacy curriculum grounded in research related to the information search process.
    8. Practitioners understand the process of collecting, interpreting, and using data to develop new knowledge to improve the school library program.
    9. Practitioners employ the methods of research in library and information science.
        (3)   Program administration and leadership. This requirement includes the following competencies:
    1. Practitioners evaluate and select print, nonprint, and digital resources using professional selection tools and evaluation criteria to develop and manage a quality collection designed to meet the diverse curricular, personal, and professional needs of the educational community.
    2. Practitioners demonstrate knowledge necessary to organize the library collections according to current standard library cataloging and classification principles.
    3. Practitioners develop policies and procedures to support ethical use of information, intellectual freedom, selection and reconsideration of library materials, and the privacy of users of all ages.
    4. Practitioners develop strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program.
    5. Practitioners demonstrate knowledge of best practices related to planning, budgeting (including alternative funding), organizing, and evaluating human and information resources and facilities to ensure equitable access.
    6. Practitioners understand strategic planning to ensure that the school library program addresses the needs of diverse communities.
    7. Practitioners advocate for school library and information programs, resources, and services among stakeholders.
    8. Practitioners promote initiatives and partnerships to further the mission and goals of the school library program.
        (4)   Practicum. This requirement includes the following competencies:
    1. Practitioners apply knowledge of learning styles, stages of human growth and development, and cultural influences of learning at the elementary and secondary levels.
    2. Practitioners implement the principles of effective teaching and learning that contribute to an active, inquiry-based approach to learning in a digital environment at the elementary and secondary levels.
    3. Practitioners understand the teacher librarian role in curriculum development and the school improvement process at the elementary and secondary levels.
    4. Practitioners collaborate to integrate information literacy and emerging technologies into content area curricula.
        13.28(24) Talented and gifted teacher.      a.    Authorization.The holder of this endorsement is authorized to serve as a teacher or a coordinator of programs for the talented and gifted from the prekindergarten level through grade twelve. This authorization does not permit general classroom teaching at any level except that level or area for which the holder is eligible or holds the specific endorsement.    b.    Program requirements—content.Completion of 12 undergraduate or graduate semester hours of coursework in the area of the talented and gifted to include the following:    (1)   Psychology of the gifted.
    1. Social needs.
    2. Emotional needs.
        (2)   Programming for the gifted.
    1. Prekindergarten-12 identification.
    2. Differentiation strategies.
    3. Collaborative teaching skills.
    4. Program goals and performance measures.
    5. Program evaluation.
        (3)   Practicum experience in gifted programs.Note: Teachers in specific subject areas will not be required to hold this endorsement if they teach gifted students in their respective endorsement areas.
        13.28(25) American Sign Language endorsement.      a.    Authorization.The holder of this endorsement is authorized to teach American Sign Language in kindergarten and grades one through twelve.    b.    Content.Completion of 18 semester hours of coursework in American Sign Language to include the following:    (1)   Second language acquisition.    (2)   Sociology of the deaf community.    (3)   Linguistic structure of American Sign Language.    (4)   Language teaching methodology specific to American Sign Language.    (5)   Teaching the culture of deaf people.    (6)   Assessment of students in an American Sign Language program.    c.    Other.Be the holder of or be eligible for one other teaching endorsement.    13.28(26) Elementary professional school counselor.      a.    Authorization.The holder of this endorsement is authorized to serve as a professional school counselor in kindergarten and grades one through eight.    b.    Program requirements.Master’s degree from an accredited institution of higher education.    c.    Content.Completion of a sequence of courses and experiences which may have been a part of, or in addition to, the degree requirements to include the following:    (1)   Nature and needs of individuals at all developmental levels.
    1. Develop strategies for facilitating development through the transition from childhood to adolescence and from adolescence to young adulthood.
    2. Apply knowledge of learning and personality development to assist students in developing their full potential.
        (2)   Social and cultural foundations.
    1. Demonstrate awareness of and sensitivity to the unique social, cultural, and economic circumstances of students and their racial/ethnic, gender, age, physical, and learning differences.
    2. Demonstrate sensitivity to the nature and the functioning of the student within the family, school and community contexts.
    3. Demonstrate the counseling and consultation skills needed to facilitate informed and appropriate action in response to the needs of students.
        (3)   Fostering of relationships.
    1. Employ effective counseling and consultation skills with students, parents, colleagues, administrators, and others.
    2. Communicate effectively with parents, colleagues, students and administrators.
    3. Counsel students in the areas of personal, social, academic, and career development.
    4. Assist families in helping their children address the personal, social, and emotional concerns and problems that may impede educational progress.
    5. Implement developmentally appropriate counseling interventions with children and adolescents.
    6. Demonstrate the ability to negotiate and move individuals and groups toward consensus or conflict resolution or both.
    7. Refer students for specialized help when appropriate.
    8. Value the well-being of the students as paramount in the counseling relationship.
        (4)   Group work.
    1. Implement developmentally appropriate interventions involving group dynamics, counseling theories, group counseling methods and skills, and other group work approaches.
    2. Apply knowledge of group counseling in implementing appropriate group processes for elementary, middle school, and secondary students.
        (5)   Career development, education, and postsecondary planning.
    1. Assist students in the assessment of their individual strengths, weaknesses, and differences, including those that relate to academic achievement and future plans.
    2. Apply knowledge of career assessment and career choice programs.
    3. Implement occupational and educational placement, follow-up and evaluation.
    4. Develop a counseling network and provide resources for use by students in personalizing the exploration of postsecondary educational opportunities.
        (6)   Assessment and evaluation.
    1. Demonstrate individual and group approaches to assessment and evaluation.
    2. Demonstrate an understanding of the proper administration and uses of standardized tests.
    3. Apply knowledge of test administration, scoring, and measurement concerns.
    4. Apply evaluation procedures for monitoring student achievement.
    5. Apply assessment information in program design and program modifications to address students’ needs.
    6. Apply knowledge of legal and ethical issues related to assessment and student records.
        (7)   Professional orientation.
    1. Apply knowledge of history, roles, organizational structures, ethics, standards, and credentialing.
    2. Maintain a high level of professional knowledge and skills.
    3. Apply knowledge of professional and ethical standards to the practice of school counseling.
    4. Articulate the professional school counselor role to school personnel, parents, community, and students.
        (8)   School counseling skills.
    1. Design, implement, and evaluate a comprehensive, developmental school counseling program.
    2. Implement and evaluate specific strategies designed to meet program goals and objectives.
    3. Consult and coordinate efforts with resource persons, specialists, businesses, and agencies outside the school to promote program objectives.
    4. Provide information appropriate to the particular educational transition and assist students in understanding the relationship that their curricular experiences and academic achievements will have on subsequent educational opportunities.
    5. Assist parents and families in order to provide a supportive environment in which students can become effective learners and achieve success in pursuit of appropriate educational goals.
    6. Provide training, orientation, and consultation assistance to faculty, administrators, staff, and school officials to assist them in responding to the social, emotional, and educational development of all students.
    7. Collaborate with teachers, administrators, and other educators in ensuring that appropriate educational experiences are provided that allow all students to achieve success.
    8. Assist in the process of identifying and addressing the needs of the exceptional student.
    9. Apply knowledge of legal and ethical issues related to child abuse and mandatory reporting.
    10. Advocate for the educational needs of students and work to ensure that these needs are addressed at every level of the school experience.
    11. Promote use of school counseling and educational and career planning activities and programs involving the total school community to provide a positive school climate.
        (9)   Classroom management.
    1. Apply effective classroom management strategies as demonstrated in delivery of classroom and large group school counseling curriculum.
    2. Consult with teachers and parents about effective classroom management and behavior management strategies.
        (10)   Curriculum.
    1. Write classroom lessons including objectives, learning activities, and discussion questions.
    2. Utilize various methods of evaluating what students have learned in classroom lessons.
    3. Demonstrate competency in conducting classroom and other large group activities, utilizing an effective lesson plan design, engaging students in the learning process, and employing age-appropriate classroom management strategies.
    4. Design a classroom unit of developmentally appropriate learning experiences.
    5. Demonstrate knowledge in writing standards and benchmarks for curriculum.
        (11)   Learning theory.
    1. Identify and consult with teachers about how to create a positive learning environment utilizing such factors as effective classroom management strategies, building a sense of community in the classroom, and cooperative learning experiences.
    2. Identify and consult with teachers regarding teaching strategies designed to motivate students using small group learning activities, experiential learning activities, student mentoring programs, and shared decision-making opportunities.
    3. Demonstrate knowledge of child and adolescent development and identify developmentally appropriate teaching and learning strategies.
        (12)   Teaching and counseling practicum. The candidate will complete a preservice supervised practicum of a minimum of 100 hours, and at least 40 of these hours must be direct service. Candidates will complete a supervised internship for a minimum of 600 hours, and at least 240 of these hours must be direct service. For candidates seeking both the K-8 and 5-12 professional school counselor endorsements, a minimum of 100 hours of the practicum or internship experiences listed above must be completed at each of the desired endorsement levels.
        13.28(27) Secondary professional school counselor.      a.    Authorization.The holder of this endorsement is authorized to serve as a professional school counselor in grades five through twelve.    b.    Program requirements.Master’s degree from an accredited institution of higher education.    c.    Content.Completion of a sequence of courses and experiences which may have been a part of, or in addition to, the degree requirements to include:    (1)   The competencies listed in subparagraphs 13.28(26)“c”(1) to (11).    (2)   The teaching and counseling practicum. The candidate will complete a preservice supervised practicum and an internship that meet the requirements set forth in 13.28(26)“c”(12).    13.28(28) School nurse endorsement.  The school nurse endorsement does not authorize general classroom teaching, although it does authorize the holder to teach health at all grade levels. Alternatively, a nurse may obtain a statement of professional recognition (SPR) from the board of educational examiners, in accordance with the provisions set out in 282—Chapter 16, Statements of Professional Recognition (SPR).    a.    Authorization.The holder of this endorsement is authorized to provide service as a school nurse at the prekindergarten and kindergarten levels and in grades one through twelve.    b.    Content.    (1)   Organization and administration of school nurse services including the appraisal of the health needs of children and youth.    (2)   School-community relationships and resources/coordination of school and community resources to serve the health needs of children and youth.    (3)   Knowledge and understanding of the health needs of exceptional children.    (4)   Health education.    c.    Other.Hold a license as a registered nurse issued by the Iowa board of nursing.    13.28(29) Athletic coach.  K-12. An applicant for the coaching endorsement must hold a teacher’s license with one of the teaching endorsements.    a.    Authorization.The holder of this endorsement may serve as a head coach or an assistant coach in kindergarten and grades one through twelve.    b.    Program requirements.    (1)   One semester hour college or university course in the structure and function of the human body in relation to physical activity, and    (2)   One semester hour college or university course in human growth and development of children and youth as related to physical activity, and    (3)   Two semester hour college or university course in athletic conditioning, care and prevention of injuries and first aid as related to physical activity, and    (4)   One semester hour college or university course in the theory of coaching interscholastic athletics, and    (5)   Successful completion of the concussion training approved by the Iowa High School Athletic Association or Iowa Girls High School Athletic Union, and     (6)   A current certificate of CPR training.    13.28(30) Content specialist endorsement.  The applicant must have met the requirements for the standard license and a teaching endorsement.    a.    Authorization.The holder of this endorsement is authorized to serve as a content specialist in kindergarten and grades one through twelve in the specific content listed on the authorization.     b.    Requirements.    (1)   Hold a master’s degree in the content area or complete 30 semester hours of college course work in the content area.    (2)   Complete 15 semester hours of credit in professional development in three or more of the following areas:
    1. Using research-based content teaching strategies;
    2. Integrating appropriate technology into the learning experiences for the specific content;
    3. Engaging the learner in the content through knowledge of learner needs and interests;
    4. Using reflective thinking to solve problems in the content area;
    5. Making data-driven decisions in the content area;
    6. Utilizing project-based learning in the content area;
    7. Developing critical thinking skills in the content area;
    8. Forming partnerships to collaborate with content experts within the community;
    9. Relating content with other content areas;
    10. Facilitating content learning in large and small teams;
    11. Implementing response to intervention (RTI) to close achievement gaps in the content area.
        (3)   Complete an internship, externship, or professional experience for a minimum of 90 contact hours in the content area.
        13.28(31) Engineering.  5-12.    a.    Completion of 24 semester hours in engineering coursework.    b.    Methods and strategies of STEM instruction or methods of teaching science or mathematics.    13.28(32) STEM.      a.    K-8.    (1)   Authorization. The holder of this endorsement is authorized to teach science, mathematics, and integrated STEM courses in kindergarten through grade eight.    (2)   Program requirements. Be the holder of the teacher—elementary classroom endorsement.    (3)   Content.
    1. Completion of a minimum of 12 semester hours of college-level science.
    2. Completion of a minimum of 12 semester hours of college-level math (or the completion of Calculus I) to include coursework in computer programming.
    3. Completion of a minimum of 3 semester hours of coursework in content or pedagogy of engineering and technological design that includes engineering design processes or programming logic and problem-solving models and that may be met through either of the following:
    4. Engineering and technological design courses for education majors;
    5. Technology or engineering content coursework.
    6. Completion of a minimum of 6 semester hours of required coursework in STEM curriculum and methods to include the following essential concepts and skills:
    7. Comparing and contrasting the nature and goals of each of the STEM disciplines;
    8. Promoting learning through purposeful, authentic, real-world connections;
    9. Integration of content and context of each of the STEM disciplines;
    10. Interdisciplinary/transdisciplinary approaches to teaching (including but not limited to problem-based learning and project-based learning);
    11. Curriculum and standards mapping;
    12. Engaging subject-matter experts (including but not limited to colleagues, parents, higher education faculty/students, business partners, and informal education agencies) in STEM experiences in and out of the classroom;
    13. Assessment of integrative learning approaches;
    14. Information literacy skills in STEM;
    15. Processes of science and scientific inquiry;
    16. Mathematical problem-solving models;
    17. Communicating to a variety of audiences;
    18. Classroom management in project-based classrooms;
    19. Instructional strategies for the inclusive classroom;
    20. Computational thinking;
    21. Mathematical and technological modeling.
    22. Completion of a STEM field experience of a minimum of 30 contact hours that may be met through the following:
    23. Completing a STEM research experience;
    24. Participating in a STEM internship at a STEM business or informal education organization; or
    25. Leading a STEM extracurricular activity.
        b.    5-8.    (1)   Authorization. The holder of this endorsement is authorized to teach science, mathematics, and integrated STEM courses in grades five through eight.    (2)   Program requirements. Be the holder of a 5-12 science, mathematics, or industrial technology endorsement or 5-8 middle school mathematics or science endorsement.    (3)   Content.
    1. Completion of a minimum of 12 semester hours of college-level science.
    2. Completion of a minimum of 12 semester hours of college-level math (or the completion of Calculus I) to include coursework in computer programming.
    3. Completion of a minimum of 3 semester hours of coursework in content or pedagogy of engineering and technological design that includes engineering design processes or programming logic and problem-solving models and that may be met through either of the following:
    4. Engineering and technological design courses for education majors;
    5. Technology or engineering content coursework.
    6. Completion of a minimum of 6 semester hours of required coursework in STEM curriculum and methods to include the following essential concepts and skills:
    7. Comparing and contrasting the nature and goals of each of the STEM disciplines;
    8. Promoting learning through purposeful, authentic, real-world connections;
    9. Integration of content and context of each of the STEM disciplines;
    10. Interdisciplinary/transdisciplinary approaches to teaching (including but not limited to problem-based learning and project-based learning);
    11. Curriculum and standards mapping;
    12. Engaging subject-matter experts (including but not limited to colleagues, parents, higher education faculty/students, business partners, and informal education agencies) in STEM experiences in and out of the classroom;
    13. Assessment of integrative learning approaches;
    14. Information literacy skills in STEM;
    15. Processes of science and scientific inquiry;
    16. Mathematical problem-solving models;
    17. Communicating to a variety of audiences;
    18. Classroom management in project-based classrooms;
    19. Instructional strategies for the inclusive classroom;
    20. Computational thinking;
    21. Mathematical and technological modeling.
    22. Completion of a STEM field experience of a minimum of 30 contact hours that may be met through the following:
    23. Completing a STEM research experience;
    24. Participating in a STEM internship at a STEM business or informal education organization; or
    25. Leading a STEM extracurricular activity.
        c.    Specialist K-12.    (1)   Authorization. The holder of this endorsement is authorized to serve as a STEM specialist in kindergarten and grades one through twelve.    (2)   Program requirements.
    1. The applicant must have met the requirements for a standard Iowa teaching license and a teaching endorsement in mathematics, science, engineering, industrial technology, or agriculture.
    2. The applicant must hold a master’s degree from a regionally accredited institution. The master’s degree must be in math, science, engineering or technology or another area with at least 12 hours of college-level science and at least 12 hours of college-level math (or completion of Calculus I) to include coursework in computer programming.
        (3)   Content.
    1. Completion of a minimum of 3 semester hours of coursework in content or pedagogy of engineering and technological design that includes engineering design processes or programming logic and problem-solving models and that may be met through either of the following:
    2. Engineering and technological design courses for education majors;
    3. Technology or engineering content coursework.
    4. Completion of 9 semester hours in professional development to include the following essential concepts and skills:
    5. STEM curriculum and methods:- Comparing and contrasting the nature and goals of each of the STEM disciplines;- Promoting learning through purposeful, authentic, real-world connections;- Integration of content and context of each of the STEM disciplines;- Interdisciplinary/transdisciplinary approaches to teaching (including but not limited to problem-based learning and project-based learning);- Curriculum/standards mapping;- Assessment of integrative learning approaches;- Information literacy skills in STEM;- Processes of science/scientific inquiry;- Mathematical problem-solving models;- Classroom management in project-based classrooms;- Instructional strategies for the inclusive classroom;- Computational thinking;- Mathematical and technological modeling.
    6. STEM experiential learning:- Engaging subject-matter experts (including but not limited to colleagues, parents, higher education faculty/students, business partners, and informal education agencies) in STEM experiences in and out of the classroom;- STEM research experiences;- STEM internship at a STEM business or informal education organization;- STEM extracurricular activity;- Communicating to a variety of audiences.
    7. Leadership in STEM:- STEM curriculum development and assessment;- Curriculum mapping;- Assessment of student engagement;- STEM across the curriculum;- Research on best practices in STEM;- STEM curriculum accessibility for all students.
    8. Completion of an internship/externship professional experience or prior professional experience in STEM for a minimum of 90 contact hours.
        13.28(33) Multioccupations.      a.    Completion of any 5-12 endorsement and, in addition thereto, coursework in foundations of career and technical education and coordination of cooperative programs, and work experience which meets one of the following:    (1)   Four thousand hours of career and technical experience in two or more careers; or    (2)   One thousand hours of work experience or externships in two or more careers and two or more years of teaching experience at the PK-12 level.    b.    The multioccupations endorsement also authorizes the holder to supervise students in cooperative programs, work-based learning programs, and similar programs in which the student is placed in school-sponsored, on-the-job situations.    13.28(34) CTE information technology.  5-12.    a.    Authorization.The holder of this endorsement is authorized to teach career and technical education (CTE) information technology, CTE computer science, and CTE computer programming courses.    b.    Program requirements.Applicants must hold a valid Iowa teaching license with at least one other teaching endorsement.    c.    Content.A minimum of 12 semester hours of computer science to include coursework in the following:    (1)   Data representation and abstraction to include primitive data types, static and dynamic data structures, and data types and stores.    (2)   Designing, developing, testing and refining algorithms to include proficiency in two or more programming paradigms.    (3)   Systems and networks to include operating systems, networks, mobile devices, and machine-level data representation.    d.    Methods course.A content area methods course is required pursuant to 13.29(1). The course should include the following effective teaching and learning strategies for information technology:    (1)   Curriculum development including recognizing and defining real-world computational problems; computing concepts and constructs; developing and using abstractions; creating, testing, and refining computational artifacts; and problem-solving strategies in computer science.    (2)   Project-based methodologies that support active and authentic learning, fostering an inclusive computing culture, collaborative groupings, and opportunities for creative and innovative thinking.    (3)   Communication about computing including multiple forms of media.    (4)   Digital citizenship including the social, legal, ethical, safe and effective use of computer hardware, software, peripherals, and networks.    e.    CTE methods.    (1)   A minimum of six semester hours of career and technical curriculum and methods to include:
    1. Foundations of career and technical education.
    2. Methods of career and technical education.
    3. Evaluation and assessment of career and technical programs.
        (2)   The CTE methods coursework is not required if the educator holds another career and technical endorsement.
        f.    Waiver of coursework requirements.During the first year of implementation, the coursework requirements may be waived if the practitioner demonstrates relevant content knowledge mastery and successful teaching experience in this endorsement area through criteria established by the board of educational examiners.
        13.28(35) Computer science.   K-8 and 5-12.    a.    Authorization.The holder of this endorsement is authorized to teach selected computer science and computer programming courses.    b.    Program requirements.Applicants must hold a valid Iowa teaching license with at least one additional teaching endorsement.    c.    Content.A minimum of 12 semester hours of computer science to include coursework in the following:    (1)   Data representation and abstraction to include primitive data types, static and dynamic data structures, and data types and stores.    (2)   Designing, developing, testing and refining algorithms to include proficiency in two or more programming paradigms.    (3)   Systems and networks to include operating systems, networks, mobile devices, and machine-level data representation.    d.    Methods course.A content area methods course is required pursuant to 13.29(1). The course should include the following effective teaching and learning strategies for information technology:     (1)   Curriculum development including recognizing and defining real-world computational problems; computing concepts and constructs; developing and using abstractions; creating, testing, and refining computational artifacts; and problem-solving strategies in computer science.    (2)   Project-based methodologies that support active and authentic learning, fostering an inclusive computing culture, collaborative groupings, and opportunities for creative and innovative thinking.    (3)   Communication about computing including multiple forms of media.    (4)   Digital citizenship including the social, legal, ethical, safe and effective use of computer hardware, software, peripherals, and networks.    e.    Computer science specialist.If the requirements in 13.28(35)“c” and “d” are met and the applicant achieves a minimum of 24 semester hours of computer science content, a computer science specialist endorsement will be granted and the additional teaching endorsement set forth in 13.28(35)“b” will not be required.    f.    Waiver of coursework requirements.During the first year of implementation, the coursework requirements may be waived if the practitioner demonstrates relevant content knowledge mastery and successful teaching experience in this endorsement area through criteria established by the board of educational examiners.

        ITEM 2.    Rescind and reserve rule 282—15.7(272).

        ITEM 3.    Amend rule 282—18.5(272) as follows:

    282—18.5(272) Specific requirements for a professional administrator license.  A professional administrator license valid for five years may be issued to an applicant who does all of the following:    18.5(1)   Completes the requirements in 18.4(2)“a” to “g.”rule 282—18.4(272).    18.5(2)   Successfully meets each standard listed below:pursuant to rule 281—83.10(284A).    a.    Shared vision.An educational leader promotes the success of all students by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. The administrator:    (1)   In collaboration with others, uses appropriate data to establish rigorous, concrete goals in the context of student achievement and instructional programs.    (2)   Uses research and best practices in improving the educational program.    (3)   Articulates and promotes high expectations for teaching and learning.    (4)   Aligns and implements the educational programs, plans, actions, and resources with the district’s vision and goals.    (5)   Provides leadership for major initiatives and change efforts.    (6)   Communicates effectively to various stakeholders regarding progress with school improvement plan goals.    b.    Culture of learning.An educational leader promotes the success of all students by advocating, nurturing and sustaining a school culture and instructional program conducive to student learning and staff professional development. The administrator:    (1)   Provides leadership for assessing, developing and improving climate and culture.    (2)   Systematically and fairly recognizes and celebrates accomplishments of staff and students.    (3)   Provides leadership, encouragement, opportunities and structure for staff to continually design more effective teaching and learning experiences for all students.    (4)   Monitors and evaluates the effectiveness of curriculum, instruction and assessment.    (5)   Evaluates staff and provides ongoing coaching for improvement.    (6)   Ensures that staff members have professional development that directly enhances their performance and improves student learning.    (7)   Uses current research and theory about effective schools and leadership to develop and revise the administrator’s professional growth plan.    (8)   Promotes collaboration with all stakeholders.    (9)   Is easily accessible and approachable to all stakeholders.    (10)   Is highly visible and engaged in the school community.    (11)   Articulates the desired school culture and shows evidence about how it is reinforced.    c.    Management.An educational leader promotes the success of all students by ensuring management of the organization, operations and resources for a safe, efficient and effective learning environment. The administrator:    (1)   Complies with state and federal mandates and local board policies.    (2)   Recruits, selects, inducts, and retains staff to support quality instruction.    (3)   Addresses current and potential issues in a timely manner.    (4)   Manages fiscal and physical resources responsibly, efficiently, and effectively.    (5)   Protects instructional time by designing and managing operational procedures to maximize learning.    (6)   Communicates effectively with both internal and external audiences about the operations of the school.    d.    Family and community.An educational leader promotes the success of all students by collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources. The administrator:    (1)   Engages family and community by promoting shared responsibility for student learning and support of the education system.    (2)   Promotes and supports a structure for family and community involvement in the education system.    (3)   Facilitates the connections of students and families to the health and social services that support a focus on learning.    18.5(3)   Completes one year of administrative experience in an Iowa public school and completes the administrator mentoring program while holding an administrator license, or successfully completes two years of administrative experience in a nonpublic or out-of-state school setting.

        ITEM 4.    Amend paragraph 18.9(1)"b" as follows:    b.    Program requirements.    (1)   Degree—master’s.    (2)   Content: Completion of a sequence of courses and experiences which may have been a part of, or in addition to, the degree requirements.Candidates who successfully complete a building-level educational leadership preparation program understand and demonstrate the capacity to promote the current and future success and well-being of each student and adult by applying the knowledge, skills, and commitments necessary to:
    1. Knowledge of early childhood, elementary, early adolescent and secondary level administration, supervision, and evaluation.Collaboratively lead, design, and implement a school mission, vision, and process for continuous improvement that reflects a core set of values and priorities that include data use, technology, equity, diversity, digital citizenship, and community (Mission, Vision, and Improvement).
    2. Knowledge and skill related to early childhood, elementary, early adolescent and secondary level curriculum development.Advocate for ethical decisions and cultivate and enact professional norms (Ethics and Professional Norms).
    3. Knowledge of child growth and development from birth through adolescence and developmentally appropriate strategies and practices of early childhood, elementary, and adolescence, to include an observation practicum.Develop and maintain a supportive, equitable, culturally responsive, and inclusive school culture (Equity, Inclusiveness, and Cultural Responsiveness) to include meeting the needs of all learners, as well as ensuring teachers meet the needs of diverse learners, including:
    4. Students from diverse ethnic, racial and socioeconomic backgrounds.
    5. Students with disabilities, including preparation in developing and implementing individualized education programs and behavioral intervention plans, preparation for educating individuals in the least restrictive environment and identifying that environment, and strategies that address difficult and violent student behavior and improve academic engagement and achievement.
    6. Students who are struggling with literacy, including those with dyslexia.
    7. Students who are gifted and talented.
    8. English language learners.
    9. Students who may be at risk of not succeeding in school. This preparation will include classroom management addressing high-risk behaviors including, but not limited to, behaviors related to substance abuse.
    10. Knowledge of family support systems, factors which place families at risk, child care issues, and home-school community relationships and interactions designed to promote parent education, family involvement, and interagency collaboration.Evaluate, develop, and implement coherent systems of curriculum, instruction, data systems, supports, and assessment (Learning and Instruction).
    11. Knowledge of school law and legislative and public policy issues affecting children and families.Strengthen student learning, support school improvement, and advocate for the needs of their school and community (Community and External Leadership).
    12. Completion of evaluator training component.Improve management, communication, technology, school-level governance, and operation systems to develop and improve data-informed and equitable school resource plans and to apply laws, policies, and regulations, including a dedicated course in current issues of special education administration (Operations and Management).
    13. Knowledge of current issues in special education administration.Build the school’s professional capacity, engage staff in the development of a collaborative professional culture, and improve systems of staff supervision, evaluation, support, and professional learning, including the completion of Iowa evaluator training (Building Professional Capacity).
    14. Planned field experiences in elementary and secondary school administration, including special education administration.Successfully complete an internship under the supervision of knowledgeable, expert practitioners that engages candidates in multiple and diverse school settings and provides candidates with coherent, authentic, and sustained opportunities to synthesize and apply the knowledge and skills pursuant to this section in ways that approximate the full range of responsibilities required of building-level leaders and enable them to promote the current and future success and well-being of each student and adult in their school, including planned experiences in elementary and secondary administration with special education administration.
    15.     Competencies: Completion of a sequence of courses and experiences which may have been a part of, or in addition to, the degree requirements. A school administrator is an educational leader who promotes the success of all students by accomplishing the following competencies. • Facilitates the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. • Advocates, nurtures, and sustains a school culture and instructional program conducive to student learning and staff professional growth. • Ensures management of the organization, operations, and resources for a safe, efficient, and effective learning environment. • Collaborates with families and community members, responds to diverse community interests and needs, and mobilizes community resources. • Acts with integrity, fairness, and in an ethical manner. • Understands, responds to, and influences the larger political, social, economic, legal, and cultural context.

        ITEM 5.    Amend subrule 18.10(2) as follows:    18.10(2) Program requirements.      a.    Degree—specialist (or its equivalent: A master’s degree plus at least 30 semester hours of planned graduate study in administration beyond the master’s degree).    b.    Content. Through completion of a sequence of courses and experiences which may have been part of, or in addition to, the degree requirements, the administrator has knowledge and understanding ofcandidates who successfully complete a district-level educational leadership preparation program understand and demonstrate the capacity to promote the current and future success and well-being of each student and adult by applying the knowledge, skills, and commitments necessary to:    (1)   Models, theories, and practices that provide the basis for leading educational systems toward improving student performance.Collaboratively lead, design, and implement a district mission, vision, and process for continuous improvement that reflects a core set of values and priorities that include data use, technology, values, equity, diversity, digital citizenship, and community (District Mission, Vision, and Improvement).    (2)   Federal, state and local fiscal policies related to education.Advocate for ethical decisions and cultivate professional norms and culture (Ethics and Professional Norms).    (3)   Human resources management, including recruitment, personnel assistance and development, evaluation and negotiations.Develop and maintain a supportive, equitable, culturally responsive, and inclusive district culture (Equity, Inclusiveness, and Cultural Responsiveness) to include meeting the needs of all learners, as well as ensuring teachers meet the needs of diverse learners, including:    1.   Students from diverse ethnic, racial and socioeconomic backgrounds.    2.   Students with disabilities, including preparation in developing and implementing individualized education programs and behavioral intervention plans, preparation for educating individuals in the least restrictive environment and identifying that environment, and strategies that address difficult and violent student behavior and improve academic engagement and achievement.    3.   Students who are struggling with literacy, including those with dyslexia.     4.   Students who are gifted and talented.     5.   English language learners.    6.   Students who may be at risk of not succeeding in school. This preparation will include classroom management addressing high-risk behaviors including, but not limited to, behaviors related to substance abuse.    (4)   Current legal issues in general and special education.Evaluate, design, cultivate, and implement coherent systems of curriculum, instruction, data systems, supports, assessment, and instructional leadership (Learning and Instruction).    (5)   Noninstructional support services management including but not limited to transportation, nutrition and facilities.Understand and engage families, communities, and other constituents in the work of schools and the district and to advocate for district, student, and community needs (Community and External Leadership).    (6)   Practicum in PK-12 school administration. In the coursework and the practicum, the administrator facilitates processes and engages in activities for:Develop, monitor, evaluate, and manage data-informed and equitable district systems for operations, resources, technology, and human capital management, including instructional and noninstructional district support services (Operations and Management).
    1. Developing a shared vision of learning through articulation, implementation, and stewardship.
    2. Advocating, nurturing, and sustaining a school culture and instructional program conducive to student learning and staff professional growth.
    3. Ensuring management of the organization, operations, and resources for a safe, efficient, and effective learning environment.
    4. Collaborating with school staff, families, community members and boards of directors; responding to diverse community interests and needs; and mobilizing community resources.
    5. Acting with integrity, fairness, and in an ethical manner.
    6. Understanding, responding to, and influencing the larger political, social, economic, legal, and cultural context.
        (7)   Cultivate relationships, lead collaborative decision making and governance, and represent and advocate for district needs in broader policy conversations (Policy, Governance, and Advocacy).    (8)   Successfully complete an internship under the supervision of knowledgeable, expert practitioners that engages candidates in multiple and diverse district settings and provides candidates with coherent, authentic, and sustained opportunities to synthesize and apply the knowledge and skills identified in this section in ways that approximate the full range of responsibilities required of district-level leaders and enable them to promote the current and future success and well-being of each student and adult in their district.

        ITEM 6.    Amend subrule 18.11(2) as follows:    18.11(2) Program requirements.      a.    Degree—specialist or its equivalentmaster’s.An applicant must hold a master’s degree plus at least 32 semester hours of planned graduate study in administration or special education beyond the master’s degree.    b.    Endorsement.An applicant must hold or meet the requirements for one of the following:    (1)   PK-12 principal and PK-12 supervisor of special education (see rule 282—18.9(272));    (2)   Supervisor of special education—instructional (see rule 282—15.5(272));    (3)   Professional service administrator (see 282—subrule 27.3(5)); or    (4)   A letter of authorization for special education supervisor issued prior to October 1, 1988.    c.    Content.An applicant must have completed a sequence of courses and experiences which may have been part of, or in addition to, the degree requirementsof at least 24 additional semester hours to include the following:    (1)   Knowledge of federal, state and local fiscal policies related to education.Understand and demonstrate the capacity to advocate for ethical decisions and cultivate professional norms and culture.    (2)   Knowledge of school plant/facility planning.    (3)   (2)   Knowledge of human resources management, including recruitment, personnel assistance and development, evaluations and negotiations.Develop and maintain a safe, supportive, equitable, culturally responsive, and inclusive district culture.    (4)   (3)   Knowledge of models, theories and philosophies that provide the basis for educational systems.Collaboratively lead, design, and implement a district mission, vision, and process for continuous improvement that reflects a core set of values and priorities that include data use, technology, values, equity, diversity, digital citizenship, and community.    (5)   (4)   Knowledge of current issues in special educationand special education administration.    (6)   (5)   Knowledge of special education school law and legislative and public policy issues affecting children and families.    (7)   (6)   Knowledge of the powers and duties of the director of special education of an area education agency as delineated in Iowa Code section 273.5.    (8)   (7)   Practicum in administration and supervision of special education programs.    d.    Experience.An applicant must meet the experience requirement set forth in 18.10(3).    e.    Competencies.Through completion of a sequence of courses and experiences which may have been part of, or in addition to, the degree requirements, the director of special education accomplishes the following:    (1)   Facilitates the development, articulation, implementation and stewardship of a vision of learning that is shared and supported by the school community.    (2)   Advocates, nurtures and sustains a school culture and instructional program conducive to student learning and staff professional growth.    (3)   Ensures management of the organization, operations and resources for a safe, efficient and effective learning environment.    (4)   Collaborates with educational staff, families and community members; responds to diverse community interests and needs; and mobilizes community resources.    (5)   Acts with integrity and fairness and in an ethical manner.    (6)   Understands, responds to, and influences the larger political, social, economic, legal, and cultural context.    (7)   Collaborates and assists in supporting integrated work of the entire agency.

        ITEM 7.    Adopt the following new rule 282—22.12(272):

    282—22.12(272) Orientation and mobility authorization.      22.12(1) Authorization.  The holder of this authorization may teach pupils with a visual impairment (see Iowa Code section 256B.2), including those pupils who are deaf-blind.    22.12(2) Initial orientation and mobility authorization.  The initial authorization is valid for three years. An applicant must:    a.    Hold a baccalaureate or master’s degree from an approved state and regionally accredited program in orientation and mobility or equivalent coursework.    b.    Have completed an approved human relations component.    c.    Have completed the exceptional learner program, which must include preparation that contributes to the education of students with disabilities and students who are gifted and talented.    d.    Have completed a minimum of 21 semester credit hours in the following areas:    (1)   Medical aspects of blindness and visual impairment, including sensory motor.    (2)   Psychosocial aspects of blindness and visual impairment.    (3)   Child development.    (4)   Concept development.    (5)   History of orientation and mobility.    (6)   Foundations of orientation and mobility.    (7)   Orientation and mobility instructional methods and assessments.    (8)   Techniques of orientation and mobility.    (9)   Research or evidence-based practices in orientation and mobility.    (10)   Professional issues in orientation and mobility, including legal issues.    e.    Have completed at least 350 hours of fieldwork and training under the supervision of the university program.    f.    Have completed the background check requirements set forth in rule 282—13.1(272).    22.12(3) Standard orientation and mobility license.  An applicant must:    a.    Complete the requirements set forth in subrule 22.12(2).    b.    Verify successful completion of a three-year probationary period.    22.12(4) Renewal of orientation and mobility license.  Renewal requirements for the career and technical secondary authorization. Applicants must meet the renewal requirements set forth in rule 282—20.3(272) and 282—subrule 20.5(2).    22.12(5) Exception.  An orientation and mobility specialist is not eligible for any administrator license in either general education or special education.

        ITEM 8.    Amend rule 282—23.1(272,321) as follows:

    282—23.1(272,321) Requirements.  Applicants for the behind-the-wheel driving instructor authorization shall meet the following requirements:    23.1(1) Qualifications.  To qualify for the behind-the-wheel driving instructor authorization, the applicant must:    a.    Be at least 25 years of age.Meet the requirements set forth by the Iowa department of transportation pursuant to rule 761—34.6(321).    b.    Hold a valid driver’s license that permits unaccompanied driving, other than a motorized bicycle license or a temporary restricted license.    c.    Have a clear driving record for the previous two years. A clear driving record means that the individual has:    (1)   Not been identified as a candidate for driver’s license suspension under the habitual violator provisions of rule 761—615.13(321) or serious violation provisions of rule 761—615.17(321).    (2)   No driver’s license suspensions, revocations, denials, cancellations, disqualifications, or bars.    (3)   Not committed an offense which results in driver’s license suspension, revocation, denial, cancellation, disqualification, or bar.    (4)   No record of an accident for which the individual was convicted of a moving traffic violation.    d.    b.    Complete the background check requirements set forth in rule 282—13.1(272).    23.1(2) Approved coursework.  The applicant shall successfully complete a behind-the-wheel driving instructor course approved by the department of transportation. At a minimum, classroom instruction shall include at least 12 clock hours of observed behind-the-wheel instruction and 24 clock hours of classroom instruction to include psychology of the young driver, behind-the-wheel teaching techniques, ethical teaching practices, and route selection.    23.(3) 23.1(2) Classroom instruction.  To be eligible to provide classroom instruction, holders of the behind-the-wheel driving instructor authorization must additionally hold a valid or expired initial, standard, exchange, or master educator license with endorsement for driver education as set forth in 282—subrule 13.28(4).

        ITEM 9.    Amend rule 282—23.4(272,321) as follows:

    282—23.4(272,321) Application process.  Any person interested in the behind-the-wheel driving instructor authorization shall submit records of completion of a department of transportation-approved program to the board of educational examiners for an evaluation of completion of coursework and all other requirements. Application materials are available from the board of educational examiners or the department of transportation or from institutions or agencies offering department of transportation-approved courses.

        ITEM 10.    Amend rule 282—23.5(272,321) as follows:

    282—23.5(272,321) Renewal.  All fees are nonrefundable. The behind-the-wheel driving instructor authorization may be renewed upon application and verification of successful completion of:the child and dependent adult abuse trainings required pursuant to 282—subrule 20.3(4).    23.5(1)   Providing behind-the-wheel instruction for a minimum of 12 clock hours during the previous school year; and    23.5(2)   Successful participation in at least one department of transportation-sponsored or department of transportation-approved behind-the-wheel instructor refresher course; and    23.5(3)   Child and dependent adult abuse trainings pursuant to 282—subrule 20.3(4).

        ITEM 11.    Amend paragraph 27.3(7)"a" as follows:    a.    Authorization.An individual who meets the requirements of 282—paragraph 15.7(5)“b” or 282—subrule 16.6(2) is authorized to serve as a school social worker to pupils from birth to age 21 (and to a maximum allowable age in accordance with Iowa Code section 256B.8).    [Filed 11/19/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5323CEducational Examiners Board[282]Adopted and Filed

    Rule making related to career and technical instructor qualifications

        The Educational Examiners Board hereby amends Chapter 22, “Authorizations,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 272.2 and 2020 Iowa Acts, House File 2454.Purpose and Summary    2020 Iowa Acts, House File 2454, updates the qualifications for community college career and technical instructors. This amendment updates the same qualifications in the Board’s rules for high school career and technical instructors in order to provide consistency.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5215C. A public hearing was held on October 28, 2020, at 1 p.m. in the Board Room, 701 East Court Avenue, Suite A, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on November 18, 2020.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making action is adopted:

        ITEM 1.    Amend paragraph 22.9(3)"c" as follows:    c.    An applicant for this authorization must have completed 6,000 hours of recent and relevant career and technical experience in the teaching endorsement area sought. If the candidate also holds a bachelor’s degree, the experience requirement is 4,000 hours.Applicants shall meet one of the following qualifications:    (1)   6,000 hours of recent and relevant experience;    (2)   4,000 hours of recent and relevant experience if the applicant holds a baccalaureate degree;    (3)   3,000 hours of recent and relevant experience if the applicant holds an associate’s degree in the teaching endorsement area sought, if such a degree is considered terminal for that field of instruction;    (4)   Hold a baccalaureate or graduate degree or closely related degree in the teaching endorsement area sought; or    (5)   Hold a baccalaureate degree in any area of study if at least 18 of the credit hours were completed in the teaching endorsement area sought.ThisRecent and relevant experience shall have been accrued within the ten years prior to the date of application. Experience that does not meet these criteria may be considered at the discretion of the executive director. In subjects for which state registration, certification or licensure is required, the applicant must hold the appropriate license, registration or certificate before the initial career and technical secondary authorization or the career and technical secondary authorization will be issued.    [Filed 11/19/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5324CEducational Examiners Board[282]Adopted and Filed

    Rule making related to unethical practice

        The Educational Examiners Board hereby amends Chapter 25, “Code of Professional Conduct and Ethics,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 272.2 and 2020 Iowa Acts, Senate File 2360.Purpose and Summary    2020 Iowa Acts, Senate File 2360, directs the Board to update language regarding unethical practice under certain conditions. This amendment implements those changes.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5214C. A public hearing was held on October 28, 2020, at 1 p.m. in the Board Room, 701 East Court Avenue, Suite A, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Board on November 18, 2020.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making action is adopted:

        ITEM 1.    Amend subrule 25.3(6) as follows:    25.3(6) Standard VI—unethical practice toward other members of the profession, parents, students, and the community.  Violation of this standard includes:    a.    Denying the student, without just cause, access to varying points of view.    b.    Deliberately suppressing or distorting subject matter for which the educator bears responsibility.    c.    Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.    d.    Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.    e.    Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.    f.    Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.    g.    Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.    h.    Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income. Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.    i.    Refusing to participate in a professional inquiry when requested by the board.    j.    Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.    k.    Failing to self-report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)“b”(1) which requires revocation of the practitioner’s license.    l.    Delegating tasks to unqualified personnel.    m.    Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.    n.    Allowing another person to use one’s practitioner license for any purpose.    o.    Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.    p.    Falsifying, forging, or altering a license issued by the board.    q.    Failure of the practitioner holding a contract under Iowa Code section 279.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.    r.    Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.    s.    Failure of an administrator to protect the safety of staff and students.    t.    Failure of an administrator to meet mandatory reporter obligations.    u.    Refusal of the practitioner to implement provisions of an individualized education program or behavioral intervention plan.    v.    Habitual nonparticipation in professional development by the practitioner.    [Filed 11/19/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5325CEducation Department[281]Adopted and Filed

    Rule making related to computer science

        The State Board of Education hereby amends Chapter 12, “General Accreditation Standards,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 256.7(5).State or Federal Law Implemented    This rule making implements, in whole or in part, 2020 Iowa Acts, House File 2629, division III.Purpose and Summary    This rule making implements 2020 Iowa Acts, House File 2629, division III. It adds computer science to the general accreditation standards and requires school districts and schools to develop and implement a computer science plan by July 1, 2022, that implements those standards.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5207C. A public hearing was held on October 27, 2020, at 11 a.m. in the ICN Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, with an option to participate by video conference. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the State Board on November 18, 2020.Fiscal Impact     This rule making has a minimal fiscal impact to the State of Iowa, and an unknown fiscal impact on school districts and accredited nonpublic schools. The extent to which schools and school districts will need to employ new teaching staff is unknown. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 281—12.5(256) as follows:

    281—12.5(256) Education program.  The following education program standards shall be met by schools and school districts for accreditation with the start of the 1989-1990 school year.    12.5(1) Prekindergarten program.  If a school offers a prekindergarten program, the program shall be designed to help children to work and play with others, to express themselves, to learn to use and manage their bodies, and to extend their interests and understanding of the world about them. The prekindergarten program shall relate the role of the family to the child’s developing sense of self and perception of others. Planning and carrying out prekindergarten activities designed to encourage cooperative efforts between home and school shall focus on community resources. A prekindergarten teacher shall hold a license/certificate licensing/certifying that the holder is qualified to teach in prekindergarten. A nonpublic school which offers only a prekindergarten may, but is not required to, seek and obtain accreditation.    12.5(2) Kindergarten program.  The kindergarten program shall include experiences designed to develop healthy emotional and social habits and growth in the language arts and communication skills, as well as a capacity for the completion of individual tasks, and protect and increase physical well-being with attention given to experiences relating to the development of life skills and human growth and development. A kindergarten teacher shall be licensed/certificated to teach in kindergarten. An accredited nonpublic school must meet the requirements of this subrule only if the nonpublic school offers a kindergarten program.    12.5(3) Elementary program, grades 1-6.  The following areas shall be taught in grades one through six: English-language arts, social studies, mathematics, science, health, human growth and development, physical education, traffic safety, music, and visual art.Computer science instruction incorporating the standards established under rule 281—12.11(256) shall be offered in at least one grade level commencing with the school year beginning July 1, 2023.In implementing the elementary program standards, the following general curriculum definitions shall be used.    a.    English-language arts.English-language arts instruction shall include the following communication processes: speaking; listening; reading; writing; viewing; and visual expression and nonverbal communication. Instruction shall incorporate language learning and creative, logical, and critical thinking. The following shall be taught: oral and written composition; communication processes and skills, including handwriting and spelling; literature; creative dramatics; and reading.    b.    Social studies.Social studies instruction shall include citizenship education, history, and social sciences. Democratic beliefs and values, problem-solving skills, and social and political participation skills shall be incorporated. Instruction shall encompass geography, history of the United States and Iowa, and cultures of other peoples and nations. American citizenship, including the study of national, state, and local government; and the awareness of the physical, social, emotional and mental self shall be infused in the instructional program.    c.    Mathematics.Mathematics instruction shall include number sense and numeration; concepts and computational skills with whole numbers, fractions, mixed numbers and decimals; estimation and mental arithmetic; geometry; measurement; statistics and probability; and patterns and relationships. This content shall be taught through an emphasis on mathematical problem solving, reasoning, and applications; language and symbolism to communicate mathematical ideas; and connections among mathematical topics and between mathematics and other disciplines. Calculators and computers shall be used in concept development and problem solving.    d.    Science.Science instruction shall include life, earth, and physical science and shall incorporate hands-on process skills; scientific knowledge; application of the skills and knowledge to students and society; conservation of natural resources; and environmental awareness.    e.    Health.Health instruction shall include personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; substance abuse and nonuse, encompassing the effects of alcohol, tobacco, drugs, and poisons on the human body; human sexuality, self-esteem, stress management, and interpersonal relationships; emotional and social health; health resources; and prevention and control of disease, and the characteristics of communicable diseases, including acquired immune deficiency syndrome.    f.    Physical education.Physical education instruction shall include movement experiences and body mechanics; fitness activities; rhythmic activities; stunts and tumbling; simple games and relays; sports skills and activities; and water safety.    g.    Traffic safety.Traffic safety instruction shall include pedestrian safety; bicycle safety; auto passenger safety; school bus passenger safety; seat belt use; substance education; and the application of legal responsibility and risk management to these concepts.    h.    Music.Music instruction shall include skills, knowledge, and attitudes and shall include singing and playing music; listening to and using music; reading and writing music; recognizing the value of the world’s musical heritage; respecting individual musical aspirations and values; and preparing for consuming, performing, or composing.    i.    Visual art.Visual art instruction shall include perceiving, comprehending, and evaluating the visual world; viewing and understanding the visual arts; developing and communicating imaginative and inventive ideas; and making art.    12.5(4) Junior high program, grades 7 and 8.  The following shall be taught in grades 7 and 8: English-language arts, social studies, mathematics, science, health, human growth and development, physical education, music, visual art, family and consumer education, career education, and technology education. Instruction in the following areas shall include the contributions and perspectives of persons with disabilities, both men and women, and persons from diverse racial and ethnic groups, and shall be designed to eliminate career and employment stereotypes.Computer science instruction incorporating the standards established under rule 281—12.11(256) shall be offered in at least one grade level commencing with the school year beginning July 1, 2023.In implementing the junior high program standards, the following general curriculum definitions shall be used.    a.    English-language arts.Same definition as in 12.5(3)“a” with the exclusion of handwriting.    b.    Social studies.Social studies instruction shall include citizenship education, history and social sciences. Democratic beliefs and values, problem-solving skills, and social and political participation skills shall be incorporated. Instruction shall encompass history, economics, geography, government including American citizenship, behavioral sciences, and the cultures of other peoples and nations. Strategies for continued development of positive self-perceptions shall be infused.    c.    Mathematics.Mathematics instruction shall include number and number relationships including ratio, proportion, and percent; number systems and number theory; estimation and computation; geometry; measurement; statistics and probability; and algebraic concepts of variables, patterns, and functions. This content shall be taught through an emphasis on mathematical problem solving, reasoning, and applications; language and symbolism to communicate mathematical ideas; and connections among mathematical topics and between mathematics and other disciplines. Calculators and computers shall be used in concept development and problem solving.    d.    Science.Same definition as in 12.5(3)“d.”    e.    Health.Health instruction shall include personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; substance abuse and nonuse, encompassing the effects of alcohol, tobacco, drugs, and poisons on the human body; human sexuality, self-esteem, stress management, and interpersonal relationships; emotional and social health; health resources; and prevention and control of disease and the characteristics of communicable diseases, including sexually transmitted diseases and acquired immune deficiency syndrome.    f.    Physical education.Physical education shall include the physical fitness activities that increase cardiovascular endurance, muscular strength, and flexibility; sports and games; tumbling and gymnastics; rhythms and dance; water safety; leisure and lifetime activities.    g.    Music.Same definition as in 12.5(3)“h” with the addition of using music as an avocation or vocation.    h.    Visual art.Same definition as in 12.5(3)“i” with the addition of using visual arts as an avocation or vocation.    i.    Family and consumer education.Family and consumer education instruction shall include the development of positive self-concept, understanding personal growth and development and relationships with peers and family members in the home, school and community, including men, women, minorities and persons with disabilities. Subject matter emphasizes the home and family, including parenting, child development, textiles and clothing, consumer and resource management, foods and nutrition, housing, and family and individual health. This subrule shall not apply to nonpublic schools.    j.    Career education.Career education instruction shall include exploration of employment opportunities, experiences in career decision making, and experiences to help students integrate work values and work skills into their lives. This subrule shall not apply to nonpublic schools. However, nonpublic schools shall comply with subrule 12.5(7).    k.    Technology education.Technology education instruction shall include awareness of technology and its impact on society and the environment; furthering students’ career development by contributing to their scientific principles, technical information and skills to solve problems related to an advanced technological society; and orienting students to technologies which impact occupations in all six of the required service areas. The purpose of this instruction is to help students become technologically literate and become equipped with the necessary skills to cope with, live in, work in, and contribute to a highly technological society. This subrule shall not apply to nonpublic schools.    l.    Secondary credit.    (1)   An individual pupil in a grade that precedes ninth grade may take a course for secondary credit if all of the following are true:
    1. The pupil satisfactorily completes the course.
    2. The course is taught by a teacher licensed by the Iowa board of educational examiners for grades 9 through 12 and endorsed in the subject area.
    3. The course meets all components listed in subrule 12.5(5) for the specific curricular area.
    4. The board of the school district or the authorities in charge of the nonpublic school have developed enrollment criteria that a student must meet to be enrolled in the course.
        (2)   If a student meets the requirement of subparagraph 12.5(4)“l”(1), the school district or accredited nonpublic school of enrollment shall issue high school credit for the unit to the student unless the student is unable to demonstrate proficiency or the school district or accredited nonpublic school determines that the course unit completed by the student does not meet the school district’s or accredited nonpublic school’s standards, as appropriate. If a student is denied credit under this paragraph, the school district or accredited nonpublic school denying credit shall provide to the student’s parent or guardian in writing the reason for the denial. If credit is awarded under this paragraph, the credit must apply toward graduation requirements of the district or accredited nonpublic school.
        12.5(5) High school program, grades 9-12.  In grades 9 through 12, a unit is a course or equivalent related components or partial units taught throughout the academic year as defined in subrule 12.5(14). The following shall be offered and taught as the minimum program: English-language arts, six units; social studies, five units; mathematics, six units as specified in 12.5(5)“c”; science, five units; health, one unit; physical education, one unit; fine arts, three units; world language, four units; and vocational education, 12 units as specified in 12.5(5)“i.” Beginning with the 2010-2011 school year graduating class, all students in schools and school districts shall satisfactorily complete at least four units of English-language arts, three units of mathematics, three units of science, three units of social studies, and one full unit of physical education as conditions of graduation. The three units of social studies may include the existing graduation requirements of one-half unit of United States government and one unit of United States history.In implementing the high school program standards, the following curriculum standards shall be used.    a.    English-language arts (six units).English-language arts instruction shall include the following communication processes: speaking; listening; reading; writing; viewing; and visual expression and nonverbal communication. Instruction shall incorporate language learning and creative, logical, and critical thinking. The program shall encompass communication processes and skills; written composition; speech; debate; American, English, and world literature; creative dramatics; and journalism.    b.    Social studies (five units).Social studies instruction shall include citizenship education, history, and the social sciences. Instruction shall encompass the history of the United States and the history and cultures of other peoples and nations including the analysis of persons, events, issues, and historical evidence reflecting time, change, and cause and effect. Instruction in United States government shall include an overview of American government through the study of the United States Constitution, the bill of rights, the federal system of government, and the structure and relationship between the national, state, county, and local governments; and voter education including instruction in statutes and procedures, voter registration requirements, the use of paper ballots and voting machines in the election process, and the method of acquiring and casting an absentee ballot. Students’ knowledge of the Constitution and the bill of rights shall be assessed. Economics shall include comparative and consumer studies in relation to the market and command economic systems. Geography shall include the earth’s physical and cultural features, their spatial arrangement and interrelationships, and the forces that affect them. Sociology, psychology, and anthropology shall include the scientific study of the individual and group behavior(s) reflecting the impact of these behaviors on persons, groups, society, and the major institutions in a society. Democratic beliefs and values, problem-solving skills, and social and political skills shall be incorporated. All students in grades nine through twelve must, as a condition of graduation, complete a minimum of one-half unit of United States government and one unit of United States history and receive instruction in the government of Iowa.    c.    Mathematics (six units).Mathematics instruction shall include:    (1)   Four sequential units which are preparatory to postsecondary educational programs. These units shall include strands in algebra, geometry, trigonometry, statistics, probability, and discrete mathematics. Mathematical concepts, operations, and applications shall be included for each of these strands. These strands shall be taught through an emphasis on mathematical problem solving, reasoning, and structure; language and symbolism to communicate mathematical ideas; and connections among mathematical topics and between mathematics and other disciplines. Calculators and computers shall be used in concept development and problem solving.    (2)   Two additional units shall be taught. These additional units may include mathematical content as identified in, but not limited to, paragraphs 12.5(3)“c,” 12.5(4)“c,” and 12.5(5)“c”(1). These units are to accommodate the locally identified needs of the students in the school or school district. This content shall be taught through an emphasis on mathematical problem solving, reasoning, and structure; language and symbolism to communicate mathematical ideas; and connections among mathematical topics and between mathematics and other disciplines. Calculators and computers shall be used in concept development and problem solving.    d.    Science (five units).Science instruction shall include biological, earth, and physical science, including physics and chemistry. Full units of chemistry and physics shall be taught but may be offered in alternate years. All science instruction shall incorporate hands-on process skills; scientific knowledge; the application of the skills and knowledge to students and society; conservation of natural resources; and environmental awareness.    e.    Health (one unit).Health instruction shall include personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; human growth and development; substance abuse and nonuse; emotional and social health; health resources; and prevention and control of disease, including sexually transmitted diseases and acquired immune deficiency syndrome, current crucial health issues, human sexuality, self-esteem, stress management, and interpersonal relationships.    f.    Physical education (one unit).Physical education shall include the physical fitness activities that increase cardiovascular endurance, muscular strength and flexibility; sports and games; tumbling and gymnastics; rhythms and dance; water safety; leisure and lifetime activities.All physically able students shall be required to participate in the program for a minimum of one-eighth unit during each semester they are enrolled except as otherwise provided in this paragraph. A twelfth-grade student may be excused from this requirement by the principal of the school in which the student is enrolled under one of the following circumstances:    (1)   The student is enrolled in a cooperative, work-study, or other educational program authorized by the school which requires the student’s absence from the school premises during the school day.    (2)   The student is enrolled in academic courses not otherwise available.    (3)   An organized and supervised athletic program which requires at least as much time of participation per week as one-eighth unit of physical education.Students in grades nine through eleven may be excused from the physical education requirement in order to enroll in academic courses not otherwise available to the student if the board of directors of the school district in which the school is located, or the authorities in charge of the school, if the school is a nonpublic school, determine that students from the school may be permitted to be excused from the physical education requirement.A student may be excused by the principal of the school in which the student is enrolled, in consultation with the student’s counselor, for up to one semester, trimester, or the equivalent of a semester or trimester, per year if the parent or guardian of the student requests in writing that the student be excused from the physical education requirement. The student seeking to be excused from the physical education requirement must, at some time during the period for which the excuse is sought, be a participant in an organized and supervised athletic program which requires at least as much time of participation per week as one-eighth unit of physical education.The student’s parent or guardian must request the excuse in writing. The principal shall inform the superintendent that the student has been excused.    g.    Fine arts (three units).Fine arts instruction shall include at least two of the following:    (1)   Dance. Dance instruction shall encompass developing basic movement skills; elementary movement concepts; study of dance forms and dance heritage; participating in dance; and evaluating dance as a creative art; and using dance as an avocation or vocation.    (2)   Music. Music instruction shall include skills, knowledge, and attitudes and the singing and playing of music; listening to and using music; reading and writing music; recognizing the value of the world’s musical heritage; respecting individual musical aspirations and values; preparing for consuming, performing, or composing; and using music as an avocation or vocation.    (3)   Theatre. Theatre instruction shall encompass developing the internal and external resources used in the theatre process; creating theatre through artistic collaboration; relating theatre to its social context; forming aesthetic judgments; and using theatre as an avocation or vocation.    (4)   Visual art. Visual art instruction shall include developing concepts and values about natural and created environments; critiquing works of art; evaluating relationships between art and societies; analyzing, abstracting, and synthesizing visual forms to express ideas; making art; and using visual art as an avocation or vocation.    h.     World language (four units).The world language program shall be a four-unit sequence of uninterrupted study in at least one language, which may include American Sign Language. World language instruction shall include listening comprehension appropriate to the level of instruction; rateable oral proficiency; reading comprehension appropriate to the level of instruction; writing proficiency appropriate to the level of instruction; and cultural awareness.All high schools shall offer and teach the first two units of the sequence. The third and fourth units must be offered. However, the department of education may, on an annual basis, waive the third and fourth unit requirements upon the request of the board. The board must document that a licensed/certificated teacher was employed and assigned a schedule that would have allowed students to enroll, that the class was properly scheduled, that students were aware of the course offerings, and that no students enrolled.    i.    Vocational education—school districts (three units each in at least four of the six service areas).A minimum of three sequential units, of which only one may be a core unit, shall be taught in four of the following six service areas: agricultural education, business and office education, health occupations education, home economics education, industrial education, and marketing education. The instruction shall be competency-based; shall provide a base of knowledge which will prepare students for entry level employment, additional on-the-job training, and postsecondary education within their chosen field; shall be articulated with postsecondary programs of study, including apprenticeship programs; shall reinforce basic academic skills; shall include the contributions and perspectives of persons with disabilities, both men and women, and persons from diverse racial and ethnic groups. Vocational core courses may be used in more than one vocational service area. Multioccupations may be used to complete a sequence in more than one vocational service area; however, a core course(s) and multioccupations cannot be used in the same sequence. If a district elects to use multioccupations to meet the requirements in more than one service area, documentation must be provided to indicate that a sufficient variety of quality training stations be available to allow students to develop occupational competencies. A district may apply for a waiver if an innovative plan for meeting the instructional requirement for the standard is submitted to and approved by the director of the department of education.The instructional programs also shall comply with the provisions of Iowa Code chapter 258 relating to vocational education. Advisory committee/councils designed to assist vocational education planning and evaluation shall be composed of public members with emphasis on persons representing business, agriculture, industry, and labor. The membership of local advisory committees/councils will fairly represent each gender and minority residing in the school district. The accreditation status of a school district failing to comply with the provisions of this subrule shall be governed by 281—subrule 46.7(10), paragraph “g.”    (1)   A service area is the broad category of instruction in the following occupational cluster areas (definitions are those used in these rules):    (2)   “Agricultural education programs” prepare individuals for employment in agriculture-related occupations. Such programs encompass the study of applied sciences and business management principles, as they relate to agriculture. Agricultural education focuses on, but is not limited to, study in horticulture, forestry, conservation, natural resources, agricultural products and processing, production of food and fiber, aquaculture and other agricultural products, mechanics, sales and service, economics marketing, and leadership development.    (3)   “Business and office education programs” prepare individuals for employment in varied occupations involving such activities as planning, organizing, directing, and controlling all business office systems and procedures. Instruction offered includes such activities as preparing, transcribing, systematizing, preserving communications; analyzing financial records; receiving and disbursing money; gathering, processing and distributing information; and performing other business and office duties.    (4)   “Health occupations education programs” prepare individuals for employment in a variety of occupations concerned with providing care in the areas of wellness, prevention of disease, diagnosis, treatment, and rehabilitation. Instruction offered encompasses varied activities in such areas as dental science, medical science, diagnostic services, treatment therapy, patient care areas, rehabilitation services, record keeping, emergency care, and health education. Many occupations in this category require licensing or credentialing to practice, or to use a specific title.    (5)   “Home economics education programs” encompass two categories of instructional programs:
    1. “Consumer and family science” programs may be taught to prepare individuals for a multiple role of homemaker and wage earner and may include such content areas as food and nutrition; consumer education; family living and parenthood; child development and guidance; family and individual health; housing and home management; and clothing and textiles.
    2. “Home economics occupations programs” prepare individuals for paid employment in such home economics-related occupations as child care aide/assistant, food production management and services, and homemaker/home health aide.
        (6)   “Industrial education programs” encompass two categories of instructional programs—industrial technology and trade and industrial. Industrial technology means an applied discipline designed to promote technological literacy which provides knowledge and understanding of the impact of technology including its organizations, techniques, tools, and skills to solve practical problems and extend human capabilities in areas such as construction, manufacturing, communication, transportation, power and energy. Trade and industrial programs prepare individuals for employment in such areas as protective services, construction trades, mechanics and repairers, precision production, transportation, and graphic communications. Instruction includes regular systematic classroom activities, followed by experiential learning with the most important processes, tools, machines, management ideas, and impacts of technology.    (7)   “Marketing education programs” prepare individuals for marketing occupations, including merchandising and management—those activities which make products and services readily available to consumers and business. Instruction stresses the concept that marketing is the bridge between production (including the creation of services and ideas) and consumption. These activities are performed by retailers, wholesalers, and businesses providing services in for-profit and not-for-profit business firms.    (8)   “Sequential unit” applies to an integrated offering, directly related to the educational and occupational skills preparation of individuals for jobs and preparation for postsecondary education. Sequential units provide a logical framework for the instruction offered in a related occupational area and do not require prerequisites for enrollment. A unit is defined in subrule 12.5(18).    (9)   “Competency” is a learned student performance statement which can be accurately repeated and measured. Instruction is based on incumbent worker-validated statements of learner results (competencies) which clearly describe what skills the students will be able to demonstrate as a result of the instruction. Competencies function as the basis for building the instructional program to be offered. Teacher evaluation of students, based upon their ability to perform the competencies, is an integral part of a competency-based system.    (10)   “Minimum competency lists” contain competencies validated by statewide technical committees, composed of representatives from appropriate businesses, industries, agriculture, and organized labor. These lists contain essential competencies which lead to entry level employment and are not intended to be the only competencies learned. Districts will choose one set of competencies per service area upon which to build their program or follow the process detailed in 281—subrule 46.7(2) to develop local competencies.    (11)   “Clinical experience” involves direct instructor supervision in the actual workplace, so that the learner has the opportunity to apply theory and to perfect skills taught in the classroom and laboratory.“Field training” is an applied learning experience in a nonclassroom environment under the supervision of an instructor.“Lab training” is experimentation, practice or simulation by students under the supervision of an instructor.“On-the-job training” is a cooperative work experience planned and supervised by a teacher-coordinator and the supervisor in the employment setting.    (12)   “Coring” is an instructional design whereby competencies common to two or more different vocational service areas are taught as one course offering. Courses shall be no longer than one unit of instruction. Course(s) may be placed wherever appropriate within the program offered. This offering may be acceptable as a unit or partial unit in more than one vocational program to meet the standard.    (13)   “Articulation” is the process of mutually agreeing upon competencies and performance levels transferable between institutions and programs for advanced placement or credit in a vocational program. An articulation agreement is the written document which explains the decisions agreed upon and the process used by the institution to grant advanced placement or credit.    (14)   “Multioccupational courses” combine on-the-job training in any of the occupational areas with the related classroom instruction. The instructor provides the related classroom instruction and coordinates the training with the employer at the work site. A multioccupational course may only be used to complete a sequence in more than one vocational service area if competencies from the appropriate set of minimum competencies are a part of the related instruction.
        j.    Vocational education/nonpublic schools (five units).A nonpublic school which provides an educational program that includes grades 9 through 12 shall offer and teach five units of occupational education subjects, which may include, but are not limited to, programs, services, and activities which prepare students for employment in business or office occupations, trade and industrial occupations, consumer and family sciences or home economics occupations, agricultural occupations, marketing occupations, and health occupations. By July 1, 1993, instruction shall be competency-based, articulated with postsecondary programs of study, and may include field, laboratory, or on-the-job training.    k.    Personal finance literacy (one-half unit).All students shall complete at least one-half unit of personal finance literacy as a condition of graduation.    (1)   The curriculum shall, at a minimum, address the following:    1.   Savings, including emergency fund, purchases, and wealth-building.    2.   Understanding investments, including compound and simple interest, liquidity, diversification, risk-return ratio, certificates of deposit, money market accounts, single stocks, bonds, mutual funds, rental real estate, annuities, commodities, and futures.    3.   Wealth-building and college planning, including long-term and short-term investing using tax-favored plans, individual retirement accounts and payments from such accounts, employer-sponsored retirement plans and investments, public and private educational savings accounts, and uniform gifts and transfers to minors.    4.   Credit and debt, including credit cards, payday lending, rent-to-own transactions, debt consolidation, automobile leasing, cosigning a loan, debt avoidance, and the marketing of debt, especially to young people.    5.   Consumer awareness of the power of marketing on buying decisions including 0 percent interest offers; marketing methods, including product positioning, advertising, brand recognition, and personal selling; how to read a credit report and correct inaccuracies; how to build a credit score; how to develop a plan to deal with creditors and avoid bankruptcy; and the federal Fair Debt Collection Practices Act.    6.   Financial responsibility and money management, including creating and living on a written budget and balancing a checkbook; basic rules of successful negotiating and techniques; and personality or other traits regarding money.    7.   Insurance, risk management, income, and career decisions, including career choices that fit personality styles and occupational goals, job search strategies, cover letters, résumés, interview techniques, payroll taxes and other income withholdings, and revenue sources for federal, state, and local governments.    8.   Different types of insurance coverage including renters, homeowners, automobile, health, disability, long-term care, identity theft, and life insurance; term life, cash value and whole life insurance; and insurance terms such as deductible, stop-loss, elimination period, replacement coverage, liability, and out-of-pocket.    9.   Buying, selling, and renting advantages and disadvantages relating to real estate, including adjustable rate, balloon, conventional, government-backed, reverse, and seller-financed mortgages.    (2)   One-half unit of personal finance literacy may count as one-half unit of social studies in meeting the requirements of paragraph 12.5(5)“b,” though the teacher providing personal finance literacy coursework that counts as one-half unit of social studies need not hold a social studies endorsement.    (3)   Units of coursework that meet the requirements of any combination of coursework required under paragraph 12.5(5)“b,”“c,” or “h” and incorporate the curriculum required under subparagraph 12.5(5)“k”(1) shall be deemed to satisfy the offer-and-teach requirements of this paragraph, and a student who completes such units shall be deemed to have met the graduation requirement of this paragraph.    l.    Computer science (one-half unit).Commencing with the school year beginning July 1, 2022, the one-half unit of computer science shall incorporate the standards established under rule 281—12.11(256) and may be offered online in accordance with 281—Chapter 15.
        12.5(6) Exemption from physical education course, health course, physical activity requirement, or cardiopulmonary resuscitation course completion.  A pupil shall not be required to enroll in a physical education course if the pupil’s parent or guardian files a written statement with the school principal that the course conflicts with the pupil’s religious beliefs. A pupil shall not be required to enroll in a health course if the pupil’s parent or guardian files a written statement with the school principal that the course conflicts with the pupil’s religious beliefs. A pupil shall not be required to meet the requirements of subrule 12.5(19) regarding physical activity if the pupil’s parent or guardian files a written statement with the school principal that the requirement conflicts with the pupil’s religious beliefs. A pupil shall not be required to meet the requirements of subrule 12.5(20) regarding completion of a cardiopulmonary resuscitation course if the pupil’s parent or guardian files a written statement with the school principal that the completion of such a course conflicts with the pupil’s religious beliefs.    12.5(7) Career education.  Each school or school district shall incorporate school-to-career educational programming into its comprehensive school improvement plan. Curricular and cocurricular teaching and learning experiences regarding career education shall be provided from the prekindergarten level through grade 12. Career education shall be incorporated into the total educational program and shall include, but is not limited to, awareness of self in relation to others and the needs of society; exploration of employment opportunities, at a minimum, within Iowa; experiences in personal decision making; experiences that help students connect work values into all aspects of their lives; and the development of employability skills. In the implementation of this subrule, the board shall comply with Iowa Code section 280.9.    12.5(8) Multicultural and gender fair approaches to the educational program.  The board shall establish a policy to ensure that students are free from discriminatory practices in the educational program as required by Iowa Code section 256.11. In developing or revising the policy, parents, students, instructional and noninstructional staff, and community members shall be involved. Each school or school district shall incorporate multicultural and gender fair goals for the educational program into its comprehensive school improvement plan. Incorporation shall include the following:    a.    Multicultural approaches to the educational program. These shall be defined as approaches which foster knowledge of, and respect and appreciation for, the historical and contemporary contributions of diverse cultural groups, including race, color, national origin, gender, disability, religion, creed, and socioeconomic background. The contributions and perspectives of Asian Americans, African Americans, Hispanic Americans, American Indians, European Americans, and persons with disabilities shall be included in the program.    b.    Gender fair approaches to the educational program. These shall be defined as approaches which foster knowledge of, and respect and appreciation for, the historical and contemporary contributions of women and men to society. The program shall reflect the wide variety of roles open to both women and men and shall provide equal opportunity to both sexes.    12.5(9) Special education.  The board of each school district shall provide special education programs and services for its resident children which comply with rules of the state board of education implementing Iowa Code chapters 256, 256B, 273, and 280.    12.5(10) Technology integration.  Each school or school district shall incorporate into its comprehensive school improvement plan demonstrated use of technology to meet its student learning goals.    12.5(11) Global education.  Each school or school district shall incorporate global education into its comprehensive school improvement plan as required by Iowa Code section 256.11. Global education shall be incorporated into all areas and levels of the educational program so students have the opportunity to acquire a realistic perspective on world issues, problems, and the relationship between an individual’s self-interest and the concerns of people elsewhere in the world.    12.5(12) Provisions for gifted and talented students.  Each school district shall incorporate gifted and talented programming into its comprehensive school improvement plan as required by Iowa Code section 257.43. The comprehensive school improvement plan shall include the following gifted and talented program provisions: valid and systematic procedures, including multiple selection criteria for identifying gifted and talented students from the total student population; goals and performance measures; a qualitatively differentiated program to meet the students’ cognitive and affective needs; staffing provisions; an in-service design; a budget; and qualifications of personnel administering the program. Each school district shall review and evaluate its gifted and talented programming. This subrule does not apply to accredited nonpublic schools.    12.5(13) Provisions for at-risk students.  Each school district shall make provision for meeting the needs of at-risk students: valid and systematic procedures and criteria to identify at-risk students throughout the school district’s school-age population, determination of appropriate ongoing educational strategies for alternative options education programs as required in Iowa Code section 280.19A, and review and evaluation of the effectiveness of provisions for at-risk students. This subrule does not apply to accredited nonpublic schools. Provisions for at-risk students shall align with the student learning goals and content standards established by the school district or by school districts participating in a consortium. The comprehensive school improvement plan shall also include objectives, activities, cooperative arrangements with other service agencies and service groups, and strategies for parental involvement to meet the needs of at-risk children.     12.5(14) Unit.  A unit is a course which meets one of the following criteria: it is taught for at least 200 minutes per week for 36 weeks; it is taught for the equivalent of 120 hours of instruction; it requires the demonstration of proficiency of formal competencies associated with the course according to the State Guidelines for Competency-Based Education or its successor organization; or it is an equated requirement as a part of an innovative program filed as prescribed in rule 281—12.9(256). A fractional unit shall be calculated in a manner consistent with this subrule. Unless the method of instruction is competency-based, multiple-section courses taught at the same time in a single classroom situation by one teacher do not meet this unit definition for the assignment of a unit of credit. However, the third and fourth years of a world language may be taught at the same time by one teacher in a single classroom situation, each yielding a unit of credit.    12.5(15) Credit.  A student shall receive a credit or a partial credit upon successful completion of a course which meets one of the criteria in subrule 12.5(14). The board may award high school credit to a student who demonstrates required competencies for a course or content area in accordance with assessment methods approved by the local board.    12.5(16) Subject offering.   Except as provided for under subrule 12.5(21), a subject shall be regarded as offered when the teacher of the subject has met the licensure and endorsement standards of the state board of educational examiners for that subject; instructional materials and facilities for that subject have been provided; and students have been informed, based on their aptitudes, interests, and abilities, about possible value of the subject.A subject shall be regarded as taught only when students are instructed in it in accordance with all applicable requirements outlined herein. Subjects which the law requires schools and school districts to offer and teach shall be made available during the school day as defined in subrules 12.1(8) to 12.1(10).    12.5(17) Twenty-first century learning skills.  Twenty-first century learning skills include civic literacy, health literacy, technology literacy, financial literacy, and employability skills. Schools and school districts shall address the curricular needs of students in kindergarten through grade twelve in these areas. In doing so, schools and school districts shall apply to all curricular areas the universal constructs of critical thinking, complex communication, creativity, collaboration, flexibility and adaptability, and productivity and accountability.    a.    Civic literacy.Components of civic literacy include rights and responsibilities of citizens; principles of democracy and republicanism; purpose and function of the three branches of government; local, state, and national government; inherent, expressed, and implied powers; strategies for effective political action; how law and public policy are established; how various political systems define rights and responsibilities of the individual; the role of the United States in current world affairs.    b.    Health literacy.Components of health literacy include understanding and using basic health concepts to enhance personal, family and community health; establish and monitor health goals; effectively manage health risk situations and advocate for others; demonstrate a healthy lifestyle that benefits the individual and society.    c.    Technology literacy.Components of technology literacy include creative thinking; development of innovative products and processes; support of personal learning and the learning of others; gathering, evaluating, and using information; use of appropriate tools and resources; conduct of research; project management; problem solving; informed decision making.    d.    Financial literacy.Components of financial literacy include developing short- and long-term financial goals; understanding needs versus wants; spending plans and positive cash flow; informed and responsible decision making; repaying debt; risk management options; saving, investing, and asset building; understanding human, cultural, and societal issues; legal and ethical behavior.    e.    Employability skills.Components of employability skills include different perspectives and cross-cultural understanding; adaptability and flexibility; ambiguity and change; leadership; integrity, ethical behavior, and social responsibility; initiative and self-direction; productivity and accountability.    12.5(18) Early intervention program.  Each school district receiving early intervention program funds shall make provisions to meet the needs of kindergarten through grade 3 students. The intent of the early intervention program is to reduce class size, to achieve a higher level of student success in the basic skills, and to increase teacher-parent communication and accountability. Each school district shall develop a class size management strategy by September 15, 1999, to work toward, or to maintain, class sizes in basic skills instruction for kindergarten through grade 3 that are at the state goal of 17 students per teacher. Each school district shall incorporate into its comprehensive school improvement plan goals and activities for kindergarten through grade 3 students to achieve a higher level of success in the basic skills, especially reading. A school district shall, at a minimum, biannually inform parents of their individual child’s performance on the results of diagnostic assessments in kindergarten through grade 3. If intervention is appropriate, the school district shall inform the parents of the actions the school district intends to take to improve the child’s reading skills and provide the parents with strategies to enable the parents to improve their child’s skills.    12.5(19) Physical activity requirement.  Subject to the provisions of subrule 12.5(6), physically able pupils in kindergarten through grade 5 shall engage in physical activity for a minimum of 30 minutes each school day. Subject to the provisions of subrule 12.5(6), physically able pupils in grades 6 through 12 shall engage in physical activity for a minimum of 120 minutes per week in which there are at least five days of school.    a.    This requirement may be met by pupils in grades 6 through 12 by participation in the following activities including, but not limited to:    (1)   Interscholastic athletics sponsored by the Iowa High School Athletic Association or Iowa Girls High School Athletic Union;    (2)   School-sponsored marching band, show choir, dance, drill, cheer, or similar activities;    (3)   Nonschool gymnastics, dance, team sports, individual sports; or    (4)   Similar endeavors that involve movement, manipulation, or exertion of the body.    b.    When the requirement is to be met in full or in part by a pupil using one or more nonschool activities, the school or school district shall enter into a written agreement with the pupil. The agreement shall state the nature of the activity and the starting and ending dates of the activity and shall provide sufficient information about the duration of time of the activity each week. The agreement shall also be signed by the school principal or principal’s designee and by at least one parent or guardian of the pupil if the pupil is a minor. The pupil shall sign the agreement, regardless of the age of the pupil. The agreement shall be effective for no longer than one school year. There is no limit to the number of agreements that a school or school district may have with any one pupil during the enrollment of the pupil.    c.    In no event may a school or school district reduce the regular instructional time, as defined by “unit” in subrule 12.5(14), for any pupil to enable the pupil to meet the physical activity requirement. However, this requirement may be met by physical education classes, activities at recess or during class time, and before- or after-school activities.    d.    Schools and school districts must provide documentation that pupils are being provided with the support to complete the physical activity requirement. This documentation may be provided through printed schedules, district policies, student handbooks, and similar means.    12.5(20) Cardiopulmonary resuscitation course completion requirement.  Subject to the provisions of subrule 12.5(6), at any time prior to the end of twelfth grade, every pupil physically able to do so shall have completed a psychomotor course that leads to certification in cardiopulmonary resuscitation. A school or school district administrator may waive this requirement for any pupil who is not physically able to complete the course. A course that leads to certification in CPR may be taught during the school day by either a school or school district employee or by a volunteer, as long as the person is certified to teach a course that leads to certification in CPR. In addition, a school or school district shall accept certification from any nationally recognized course in cardiopulmonary resuscitation as evidence that this requirement has been met by a pupil. A school or school district shall not accept auditing of a CPR course, nor a course in infant CPR only. This subrule is effective for the graduating class of 2011-2012.    12.5(21) Contracted courses used to meet school or school district requirements.  A school or school district may use contracted community college courses meeting the requirements of rule 281—22.8(261E) under the following conditions.    a.    A course or courses used to meet the sequential unit requirement for career and technical education under paragraph 12.5(5)“i.” One or more courses in only one of the six career and technical education service areas specified in paragraph 12.5(5)“i” may be eligible for supplementary weighting under the provisions of 281—subrule 97.2(5).    b.    A course or courses comprising up to a unit of science or mathematics in accordance with paragraph 12.5(5)“c” or “d.” Such courses may be eligible for supplementary weighting under the provisions of 281—subrule 97.2(5).    c.    Courses offered pursuant to paragraph 12.5(21)“a” or “b” shall be deemed to have met the requirement that the school district offer and teach such a unit under the educational standards of this rule.    d.    An accredited nonpublic school may use contracted community college courses to meet offer-and-teach requirements for career and technical education and math or science established under subrule 12.5(5). Such courses may be eligible for funding under rule 281—97.8(261E).

        ITEM 2.    Amend rule 281—12.11(256) as follows:

    281—12.11(256) High-quality standards for computer science.  It is the goal of the state board of education that every school district and every accredited nonpublic school shall offer instruction in high-quality computer science for elementary, middle school, and high school students by July 1, 2019.    12.11(1) Alignment with learning framework or standards developed by a nationally recognized computer science education organization or organizations.  Beginning with the school year which begins July 1, 2018, and each school year thereafter, instruction in high-quality computer science shall reflect an alignment with a framework or learning standards developed by a nationally recognized computer science education organization or organizations. The department shall make available to school districts and accredited nonpublic schools such a framework or learning standards.    12.11(2) Professional development incentive fund.  A computer science professional development incentive fund is established in the state treasury under the control of the department. The department may accept gifts, grants, bequests, and other private contributions, as well as state or federal moneys, for deposit in the fund. The department may disburse moneys contained in the fund for professional development activities or tuition reimbursement. Notwithstanding Iowa Code section 8.33, moneys in the computer science professional development incentive fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year. The department may disburse those moneys in the following ways.    a.    A school district or accredited nonpublic school, or a collaborative of one or more school districts, accredited nonpublic schools, and area education agencies, may apply to the department, in the manner prescribed by the department, to receive moneys from the fund to provide proven professional development activities for Iowa teachers in the area of computer science education.    b.    A school district or accredited nonpublic school may apply to the department, in the manner prescribed by the department, to receive moneys from the fund to provide tuition reimbursement for Iowa teachers seeking endorsements or authorizations for computer science under Iowa Code section 272.2(20).    12.11(3) Applicability of rules.  Subrule 12.11(1)Until July 1, 2021, subrule 12.11(1) shall only apply to school districts and accredited nonpublic schools receiving moneys from the computer science professional development incentive fund established in Iowa Code section 284.6A and described in subrule 12.11(2).    12.11(4) Computer science plan.  The board of directors of each public school district and the authorities in charge of each nonpublic school shall develop and implement a kindergarten through grade 12 computer science plan by July 1, 2022, which incorporates the standards established under subrule 12.11(1), and the minimum educational standards relating to computer science contained in subrules 12.5(3) and 12.5(4) and paragraph 12.5(5)“l.”
        [Filed 11/18/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5333CEducation Department[281]Adopted and Filed

    Rule making related to general accreditation standards

        The State Board of Education hereby amends Chapter 12, “General Accreditation Standards,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 256.7(27).State or Federal Law Implemented    This rule making implements, in whole or in part, 2016 Iowa Acts, House File 2459.Purpose and Summary    This technical amendment removes the sunset provision from the rule on independent accreditation agencies, which was stricken by 2016 Iowa Acts, House File 2459, section 15. Prior to the enactment of House File 2459, the provision on independent accreditation agencies was due to expire on July 1, 2020. This technical amendment removes that sunset provision from rule.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 26, 2020, as ARC 5149C. A public hearing was held on September 15, 2020, at 2 p.m. in the ICN Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, with the option to participate by video conference. No one attended the public hearing. The Department received one written comment referring to the rule making, which stated no objection to the proposed amendment. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the State Board on November 18, 2020.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    This rules provision is required by statute and is not waivable.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making action is adopted:

        ITEM 1.    Rescind and reserve subrule 12.10(8).    [Filed 11/18/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5326CEducation Department[281]Adopted and Filed

    Rule making related to senior year plus program

        The State Board of Education hereby amends Chapter 22, “Senior Year Plus Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 256.7(5).State or Federal Law Implemented    This rule making implements, in whole or in part, 2020 Iowa Acts, House File 2629, division V.Purpose and Summary    This rule making updates Iowa’s Senior Year Plus Program by removing the limitation to part-time enrollment, as required by 2020 Iowa Acts, House File 2629. This rule making also makes updates to the Summer College Credit Program.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5208C. A public hearing was held on October 27, 2020, at 10 a.m. in the ICN Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, with an option to participate by video conference. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the State Board on November 18, 2020.Fiscal Impact    There may be a fiscal impact based on increased participation in Senior Year Plus programming as a result of the statutory elimination of the part-time enrollment limitation. The Department does not know the size of the estimated impact.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend paragraph 22.2(2)"b" as follows:    b.    The student shall have demonstrated proficiency in all of the content areas of reading, mathematics, and science as evidenced by achievement scores on the most recent administration of the Iowa assessmentsstatewide assessment for which scores are available for the student. If the student was absent for the most recent administration of the Iowa assessmentsstatewide assessment, and such absence was not excused by the student’s school of enrollment, the student is deemed not to be proficient in any of the content areas. The school district may determine whether such student is eligible for qualification under an equivalent qualifying performance measure.    (1)   If a student is not proficient in one or more of the content areas of reading, mathematics, and science, the school board may establish alternative but equivalent qualifying performance measures. The school board is not required to establish equivalent performance measures, but if it does so, such measures may include but are not limited to additional administrations of the state assessment, portfolios of student work, student performance rubric, or end-of-course assessments. A school board that establishes equivalent performance measures shall also establish criteria by which its district personnel shall determine comparable student proficiency.    (2)   A student who attends an accredited nonpublic school and desires to access postsecondary enrollment options shall meet the same eligibility criteria as students in the school district in which the accredited nonpublic school is located.    (3)   A student under competent private instruction shall meet the same proficiency standard as students in the school district in which the student is dually enrolled and shall have the approval of the school board in that school district to register for the postsecondary course. In lieu of Iowa assessmentsstatewide assessment scores as the state assessment, a school district shall allow a student under competent private instruction to demonstrate proficiency in reading, mathematics, and science by any one of the following means:
    1. By meeting the same alternative but equivalent qualifying performance measures established by the local school board for all students in the school district in which the student is dually enrolled;
    2. By submitting the written recommendation of the licensed practitioner providing supervision to the student in accordance with Iowa Code section 299A.2;
    3. As evidenced by achievement scores on the annual achievement evaluation required under Iowa Code section 299A.4;
    4. As evidenced by a composite score of at least 21 on the college readiness assessment administered by ACT, Inc.;
    5. As evidenced by a sum of at least 141 in critical reading, mathematics, and writing skills on the preliminary scholastic aptitude test (PSAT) administered by the College Board; or
    6. As evidenced by a sum of at least 990 in critical reading and mathematics on the college readiness assessment (SAT) administered by the College Board.

        ITEM 2.    Rescind the definitions of “Full time” and “Part time” in rule 281—22.6(261E).

        ITEM 3.    Amend rule 281—22.11(261E) as follows:

    281—22.11(261E) Applicability.  The concurrent enrollment program, also known as district- to-community college sharing, promotes rigorous academic or career and technical pursuits by providing opportunities to high school students to enroll part-time in eligible nonsectarian courses at or through community colleges established under Iowa Code chapter 260C.    22.11(1)   The program shall be made available to all eligible resident students in grades 9 through 12.    a.    Notice of the availability of the program shall be included in a school district’s student registration handbook, and the handbook shall identify which courses, if successfully completed, generate college credit under the program.    b.    A student and the student’s parent or guardian shall also be made aware of this program as a part of the development of the student’s core curriculum plan in accordance with Iowa Code section 279.61.    22.11(2)   A student enrolled in an accredited nonpublic school may access the program through the school district in which the accredited nonpublic school is located. A student receiving competent private instruction may access the program through the school district in which the student is dually enrolled and may enroll in the same number of concurrent enrollment courses as a regularly enrolled student of the district.    22.11(3)   A student may make application to a community college and the school district to allow the student to enroll for college credit in a nonsectarian course offered by the community college. A comparable course, as defined in rules adopted by the board of directors of the school district, must not be offered by the school district or accredited nonpublic school which the student attends. The school board shall annually approve courses to be made available for high school credit using locally developed criteria that establish which courses will provide the student with academic rigor and will prepare the student adequately for transition to a postsecondary institution. A school district may not use concurrent enrollment courses to meet the accreditation requirements, except as provided in Division V of 281—Chapter 12other than for career-technical courses.    22.11(4)   If an eligible postsecondary institution accepts a student for enrollment under this division, the school district, in collaboration with the community college, shall send written notice to the student, the student’s parent or guardian in the case of a minor child, and the student’s school district. The notice shall list the course, the clock hours the student will be attending the course, and the number of hours of college credit that the student will receive from the community college upon successful completion of the course.    22.11(5)   A school district shall grant high school credit to a student enrolled in a course under this division if the student successfully completes the course as determined by the community college and the course was previously approved by the school board pursuant to 22.11(3). The board of directors of the school district shall determine the number of high school credits that shall be granted to a student who successfully completes a course. Students shall not “audit” a concurrent enrollment course; the student must take the course for credit.    22.11(6)   School districts that participate in district-to-community college sharing agreements or concurrent enrollment programs that meet the requirements of Iowa Code section 257.11(3) are eligible to receive supplementary weighted funding under that provision. Regardless of whether a district receives supplementary weighted funding, the district shall not charge tuition of any of its students who participate in a concurrent enrollment course.    22.11(7)   Community colleges shall comply with the data collection requirements of Iowa Code section 260C.14(22). The data elements shall include but not be limited to the following:    a.    An unduplicated enrollment count of eligible students participating in the program.    b.    The actual costs and revenues generated for concurrent enrollment. An aligned unique student identifier system shall be established by the department for students in kindergarten through grade 12 and community college.    c.    Degree, certifications, and other qualifications to meet the minimum hiring standards.    d.    Salary information including regular contracted salary and total salary.    e.    Credit hours and laboratory contact hours and other data on instructional time.    f.    Other information comparable to the data regarding teachers collected in the basic education data survey.

        ITEM 4.    Rescind subrule 22.21(2).

        ITEM 5.    Renumber subrule 22.21(3) as 22.21(2).

        ITEM 6.    Rescind paragraph 22.33(2)"d".

        ITEM 7.    Amend paragraph 22.33(3)"a" as follows:    a.    Minimum components.The proposal shall detail the following components.    (1)   A program description, including the course or courses to be made available through the program; total number of credit hours; additional cocurricular experiences and activities including project-, problem-, and work-based learning opportunities; additional support services to be made available through the program; and any other pertinent program information.     (2)   All minimum and required costs associated with offering the program, including, but not limited to, instructor salary, materials and supplies, and overhead costs.    (3)   (2)   The total number of students that the program is capable of serving.    (4)   Any additional components and expenses built into the program, including but not limited to student transportation, academic supports, and extracurricular experiences.    (5)   (3)   The start date and duration of the program. Programs approved under this rule shall have a start date no later than the second Friday in June of each year.

        ITEM 8.    Amend paragraph 22.33(4)"a" as follows:    a.    Base funding.Not more than one-half of the total allocation shall be made available to fund proposals approved under subrule 22.33(3).The amount of funds reserved for base funding as specified in paragraph 22.33(4)“c” shall be distributed equally between approved programs.

        ITEM 9.    Amend subparagraph 22.33(4)"b" as follows:    (2)   Enrollment funding shall be calculated by the department for each program with enrollment greater than the minimum enrollment threshold. For purposes of this rule, the portion of enrollment funding to be received by a postsecondary institution offering an approved program shall be equal to the total number of credits for all student enrollment in the approved program divided by the total number of credits for all student enrollments statewide.    [Filed 11/18/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5327CEducation Department[281]Adopted and Filed

    Rule making related to community college faculty

        The State Board of Education hereby amends Chapter 24, “Community College Accreditation,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 256.7(5).State or Federal Law Implemented    This rule making implements, in whole or in part, 2020 Iowa Acts, House File 2454.Purpose and Summary    This rule making revises minimum community college faculty qualifications, as required by 2020 Iowa Acts, House File 2454.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5209C. A public hearing was held on October 27, 2020, at 10:30 a.m. in the ICN Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, with an option to participate by video conference. No one attended the public hearing. No public comments were received. One minor grammatical change was made since publication of the Notice. The word “possesses” was changed to “possess” in paragraph “1” of subparagraph 24.5(1)“a”(1).Adoption of Rule Making    This rule making was adopted by the State Board on November 18, 2020.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making action is adopted:

        ITEM 1.    Amend subrule 24.5(1) as follows:    24.5(1) Faculty.      a.    Community college-employed instructors who teach college credit courses shall meet minimum standards and institutional quality faculty plan requirements. Standards shall at a minimum require that all community college instructors meet the following requirements:    (1)   Instructors teaching courses in the area of career and technical education shall be registered, certified, or licensed in the occupational area in which the state requires registration, certification, or licensure and shall meet eitherat least one of the following qualifications:
    1. Possess a baccalaureate degree or higher in the field of instruction in which the instructor is teachingteaches classes, or possess a baccalaureate degree in any area of study if at least 18 of the credit hours completed were in the career and technical field of instruction in which the instructor teaches classes.
    2. Possess an associate degree in the career and technical education field of instruction in which the instructor is teaching, if such degree is considered terminal for that field of instruction, and have at least 3,000 hours of recent and relevant work experience in the occupational area or related occupational area in which the instructor teaches classes.
    3. 2Possess a combination of education,Have special training, and at least 6,000 hours of relevant tested experience in the field of instructionoccupational area or related occupational area in which the instructor teaches classes. Ifif the instructor possesses less than a baccalaureate degree in the area or related area of study or occupational area in which the instructor is teaching classes and the instructor does not meet the requirements of subparagraph 24.5(1)“a”(2).
        (2)   For purposes of paragraphs 24.5(1)“a”(1)“2” and “3,” if the instructor is a licensed practitioner who holds a career and technical endorsement under Iowa Code chapter 272, relevant work experience in the occupational area includes, but is not limited to, classroom instruction in a career and technical education subject area offered by a school district or accredited nonpublic school.    (2)   (3)   Instructors in the area of arts and sciences shall meet one of the following qualifications:
    1. Possess a master’s degree or higher from a regionally accredited graduate school in each field of instruction in which the instructor is teaching classes.
    2. Possess a master’s degree or higher from a regionally accredited graduate school and have completed a minimum of 18 graduate semester hours in a combination of the qualifying graduate fields identified as related to the field of instruction in which the instructor is teaching classes. These 18 graduate semester hours must include at least 6 credits in the specific course content being taught, with at least 12 credits required for courses that serve as prerequisites for junior-level courses at transfer institutions.For the transition period ending September 1, 2017, an instructor deemed qualified to teach with a master’s degree and 12 graduate semester hours within a field of instruction and who demonstrates adequate progress toward meeting the goals of the instructor’s individual quality faculty plan shall remain qualified to teach until the date specified in the quality faculty plan or September 1, 2017, whichever comes first.
    3. For courses identified as applied liberal arts and sciences, possess at least a bachelor’s degree and a combination of formal training and professional tested experience equivalent to 6,000 hours. The instructor shall hold the appropriate registration, certification, or licensure in occupational areas in which such credential is necessary for practice.
        b.    Developmental education and noncredit instructors are not subject to standards under this subrule. Adult education instructors shall meet minimum standards set forth in rule 281—23.6(260C).     c.    A faculty standards council shall be convened by the department to review procedures for establishing and reviewing minimum instructor qualifications and definitions for “field of instruction,” “applied liberal arts and sciences courses,” “qualifying graduate field or major,” and “relevant tested experience.” Definitions shall be based on accepted practices of regionally accredited two- and four-year institutions of higher education.    (1)   The council shall include faculty and academic administrators and meet at least annually. The council shall make recommendations to a committee consisting of the chief academic officers of Iowa’s 15 community colleges. The committee shall adopt definitions and minimum faculty qualification standards to be utilized for the state accreditation process. Each community college shall adhere to the adopted definitions and minimum faculty qualification standards.    (2)   When utilizing relevant tested experience to qualify an instructor to teach classes within a specific field of instruction, each community college shall maintain well-defined policies, procedures, and documentation in alignment with the adopted definitions and minimum faculty qualification standards. This documentation shall demonstrate that the instructor possesses the experience and expertise necessary to teach in the specified field of instruction and is current in the instructor’s discipline. When tested experience is assessed, an hour of relevant work is equal to 60 minutes and one full-time year of relevant work is equal to 2,000 hours.
        [Filed 11/18/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5328CEducation Department[281]Adopted and Filed

    Rule making related to funding for children residing in state institutions or mental health institutes

        The State Board of Education hereby amends Chapter 34, “Funding for Children Residing in State Institutions or Mental Health Institutes,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 256.7(27).State or Federal Law Implemented    This rule making implements, in whole or in part, 2019 Iowa Acts, House File 421.Purpose and Summary    These technical amendments remove obsolete references to the Iowa Juvenile Home, as required by 2019 Iowa Acts, House File 421.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 26, 2020, as ARC 5150C. A public hearing was held on September 15, 2020, at 2:00 p.m. in the ICN Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, with an option to participate by video conference. No one attended the public hearing. The Department of Education received one written comment referring to the rule making, which stated no objection to the proposed rule. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the State Board on November 18, 2020.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    By statute, no waiver is possible or permitted.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 281—34.1(218) as follows:

    281—34.1(218) Scope.  These rules apply to the funding and provision of appropriate educational services to children residing in the following institutions under the jurisdiction of the director of human services: the Mental Health Institute, Cherokee, Iowa; the Mental Health Institute, Independence, Iowa;and the State Training School, Eldora, Iowa; and the Iowa Juvenile Home, Toledo, Iowa.

        ITEM 2.    Amend rule 281—34.2(218), definition of “Institution,” as follows:        "Institution" means the Mental Health Institute, Cherokee, Iowa; the Mental Health Institute, Independence, Iowa;and the State Training School, Eldora, Iowa; and the Iowa Juvenile Home, Toledo, Iowa.

        ITEM 3.    Amend subrule 34.4(2) as follows:    34.4(2) Students served at the State Training School at Eldora and the Iowa Juvenile Home at Toledo.  The State Training School at Eldora and the Iowa Juvenile Home at Toledo shall notify the AEA in which the institution is located and the district of residence of each child who on the date specified in Iowa Code section 257.6, subsection 1, is residing in these institutionsthe institution if the child’s release date is known and the release date is within the current school year. The notification shall occur on or before October 10. For students served pursuant to an IEP, the State Training School at Eldora and the Iowa Juvenile Home at Toledo shall by the last Friday in October also notify the AEA in which the institution is located and the district of residence of each child residing in these institutionsthe institution if the child’s release date is known and the release date is within the current school year. Notifications shall be in writing or in a printable electronic medium and shall include the child’s name, birth date, and grade level and the names and addresses of the child’s parents or guardians.

        ITEM 4.    Amend paragraph 34.6(3)"d" as follows:    d.    The State Training School at Eldora and the Iowa Juvenile Home at Toledo may include in their budgetsits budget an amount that represents the difference between the amount established pursuant to Iowa Code (2003) section 282.28 and approved by the department for the 2003-2004 fiscal year included in the fiscal year beginning July 1, 2003, and the amount eachthe institution has budgeted under paragraph 34.6(3)“c.” The budget amount shall increase annually by the allowable growth rate established for that year.    [Filed 11/18/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5329CEducation Department[281]Adopted and Filed

    Rule making related to clearing classrooms

        The State Board of Education hereby amends Chapter 41, “Special Education,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 256.7.State or Federal Law Implemented    This rule making implements, in whole or in part, 2020 Iowa Acts, Senate File 2360.Purpose and Summary    2020 Iowa Acts, Senate File 2360, added conditions to special education law regarding the use of room clears as a classroom safety technique. This rule making adds the following two conditions related to room clears to Chapter 41: a prohibition on including room clears in an individualized education program and a procedure for classroom teachers to call for a team meeting after a room clear is used.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 26, 2020, as ARC 5151C. A public hearing was held on September 15, 2020, at 3 p.m. in the ICN Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, with an option to participate by video conference. No one attended the public hearing.    The Department of Education received one written comment, which raised two issues. First, the commenter suggested that the language “necessary for a FAPE” be replaced with or modified by “called for in a student’s individualized education plan or behavior intervention plan.” Second, the commenter questioned why the services referenced in this rule making are not available in the school district or community where the school is located.    Concerning the first issue, no change is necessary. The current Iowa Administrative Code addresses the commenter’s concerns. The definition of “free appropriate public education” requires services to be provided “in conformity with an individualized education program (IEP)” in rule 281—41.17(256B,34CFR300), and an IEP must be written, id. rule 281—41.22(256B,34CFR300).    Concerning the second issue, no change is necessary. The district responsible for providing a FAPE is responsible for procuring necessary services. This concern, while valid, is broader than—and beyond the scope of—this rule making.     No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the State Board on November 18, 2020.Fiscal Impact    While 2020 Iowa Acts, Senate File 2360, contains several appropriations, the provision implemented by this rule making, and the rule making itself, has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making action is adopted:

        ITEM 1.    Adopt the following new subrule 41.320(7):    41.320(7) Clearing classrooms.  An IEP or a behavioral intervention plan shall not include provisions for clearing all other students out of the regular classroom in order to calm the child requiring special education or the child for whom a behavioral intervention plan has been implemented except as provided in Iowa Code section 279.51A as enacted by 2020 Iowa Acts, Senate File 2360.If a student whose behavior caused a classroom clearance has an IEP or a behavioral intervention plan, the classroom teacher shall call for and be included in a review and potential revision of the student’s IEP or behavioral intervention plan by the student’s IEP team. The AEA, in collaboration with the school district, may, when the parent or guardian meets with the IEP team during the review or reevaluation of the student’s IEP, inform the parent or guardian of individual or family counseling services available in the area. The public agencies must provide those services if those services are necessary for a FAPE.    [Filed 11/18/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5330CEducation Department[281]Adopted and Filed

    Rule making related to educator preparation program standards

        The State Board of Education hereby amends Chapter 79, “Standards for Practitioner and Administrator Preparation Programs,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 256.7(3) and 256.16(3).State or Federal Law Implemented    This rule making implements, in whole or in part, 2020 Iowa Acts, Senate File 2360 and House File 2359.Purpose and Summary    Chapter 79 outlines the standards and program requirements that all traditional educator preparation programs must meet in order to be approved to prepare educators in Iowa. Compliance with these standards is required and is evaluated during each educator preparation program’s approval review. The standards are also applied in an annual reporting system. This rule making updates the standards to remain current with national standards for educator preparation and align with Board of Educational Examiners rules for licensure. This rule making also incorporates required elements of 2020 Iowa Acts, Senate File 2360 and House File 2359.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 26, 2020, as ARC 5148C. A public hearing was held on September 15, 2020, at 4 p.m. in the ICN Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, with an option to participate by video conference. No one attended the public hearing.    The Department of Education received one written comment, which was largely supportive of the rule making but raised one concern. The commenter asked the purpose of specifically referencing substance use in the description of students at risk of school failure, as opposed to other types of risk.    The language referenced by the commenter is taken from the underlying statute and is illustrative and nonexhaustive. For that reason, no change is ordered at this time.     No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the State Board on November 18, 2020.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. The Department of Education estimates that practitioner candidates are estimated to save at least $250,000 per year. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 281—79.2(256), definitions of “College/university supervisors” and “Unit,” as follows:        "College/university supervisors" means qualified employees or individuals contracted by the college or university offering teachereducator preparation who provide guidance and supervision to teacher candidates during the candidates’ clinical experiences in the schools.        "Unit" means the organizational entity within an institution with the responsibility of administering and delivering theall practitioner preparation program(s)programs.

        ITEM 2.    Rescind the definition of “ELPS” in rule 281—79.2(256).

        ITEM 3.    Amend paragraph 79.13(4)"a" as follows:    a.    Entrance into the program (for teacher education, this includes a preprofessional skills test offered by a nationally recognized testing service. Institutions must deny admission to any candidate who does not successfully meet the institution’s passing score requirement).If a unit chooses to use a preprofessional skills test from a nationally recognized testing service for admission into the program, the unit must report passing rates and remediation measures annually to the department.

        ITEM 4.    Amend paragraph 79.14(7)"a" as follows:    a.    Includes a full-time experience for a minimum of 14 consecutive weeks in duration during the teacher candidate’s final year of the teacher preparation program.

        ITEM 5.    Amend subrule 79.15(2) as follows:    79.15(2)   Each teacher candidate receives dedicated coursework related to the study of human relations, cultural competency, and diverse learners, such that the candidate is prepared to work with students from diverse groups, as defined in rule 281—79.2(256). The unit shall provide evidence that teacher candidates develop the ability to identify and meet the needs of all learners, including:    a.    Students from diverse ethnic, racial and socioeconomic backgrounds.    b.    Students with disabilities. This will include preparation in developing and implementing individualized education programs and behavioral intervention plans, preparation for educating individuals in the least restrictive environment and identifying that environment, and strategies that address difficult and violent student behavior and improve academic engagement and achievement.    c.    Students who are struggling with literacy, including those with dyslexia.    d.    Students who are gifted and talented.    e.    English language learners.    f.    Students who may be at risk of not succeeding in school. This preparation will include classroom management addressing high-risk behaviors including, but not limited to, behaviors related to substance abuse.

        ITEM 6.    Amend rule 281—79.16(256) as follows:

    281—79.16(256) Administrator preparation clinical practice standard.  The unit and its school partners shall provide clinical experiences that assist candidates in becoming successful school administrators in accordance with the following provisions.    79.16(1)   The unit ensures that clinical experiences occurring in all locations are well-sequenced, purposeful, supervised by appropriately qualified personnel, monitored by the unit, and integrated into unit standards. These expectations are shared with candidates, supervisors and cooperating administrators.:    a.    Principal candidates successfully complete clinical experiences that provide candidates with opportunities to synthesize and apply the knowledge and skills identified in subrule 79.17(2) in ways that approximate the full range of responsibilities required of building-level leaders and enable them to promote the current and future success and well-being of each student and adult in their school.    b.    Superintendent candidates successfully complete clinical experiences that provide candidates opportunities to synthesize and apply the knowledge and skills identified in subrule 79.17(3) in ways that approximate the full range of responsibilities required of district-level leaders and enable them to promote the current and future success and well-being of each student and adult in their district.    79.16(2)   The unit ensures that clinical experiences occurring in all locations are coherent, authentic, sustained, and purposeful opportunities that are monitored by the unit. These expectations are shared with candidates, supervisors and cooperating administrators.    79.(2) 79.16(3)   Candidates are supervised by knowledgeable and qualified practitioners.The PK-12 school and the unit share responsibility for selecting, preparing, evaluating, supporting,evaluating, and retaining both:     a.    High‐quality college/university supervisors, and     b.    High-quality cooperating administrators.    79.(3) 79.16(4)   Cooperating administrators and college/university supervisors share responsibility for evaluating the candidate’s achievement of unit standards. Clinical experiences are structured to have multiple performance‐based assessments at key points within the program to demonstrate candidates’ attainment of unit standards.    79.(4) 79.16(5)   Clinical experiences include all of the following criteria:     a.    A minimum of 400 hours during the candidate’s preparation program.    b.    Take place with appropriately licensed cooperating administrators in state-approved schools or educational facilities.    c.    Take place in multiple high-quality educational settings that include diverse populations and students of different age groups.    d.    Include minimumdocumented expectations and responsibilities for cooperating administrators, school districts, accredited nonpublic schools, or AEAs and for higher education supervising faculty members.     e.    Include prescribed minimum expectations and responsibilities of the candidate for ethical performance of both leadership and management tasks.Provide opportunities for candidates to apply the knowledge, skills, and dispositions identified in subrules 79.17(2) and 79.17(3).    f.    The involvement of the administrator candidate in relevant responsibilities to include demonstration of the capacity to facilitate the use of assessment data in affecting student learning.     g.    Involve the candidate in professional meetings and other school-based activities directed toward the improvement of teaching and learning.     h.    Involve the candidate in communication and interaction with parents or guardians, community members, faculty and staff, and cooperating administrators in the school.    79.(5) 79.16(6)   The institution annually delivers one or more professional development opportunities for cooperating administrators to define the objectives of the field experience, review the responsibilities of the cooperating administrator, build skills in coaching and mentoring, and provide the cooperating administrator other information and assistance the institution deems necessary. The professional development opportunities incorporate feedback from participants and utilize appropriate delivery strategies.    79.(6) 79.16(7)   The institution shall enter into a written contract with the cooperating school districts that provide field experiences for administrator candidates.

        ITEM 7.    Amend rule 281—79.17(256) as follows:

    281—79.17(256) Administrator knowledge, skills, and dispositions standard.  Administrator candidates shall demonstrate the content, pedagogical, and professional knowledge, skills and dispositions necessary to help all students learn in accordance with the following provisions.    79.17(1)   Each educational administrator program shall define program standards (aligned with current NELP standards) and embed them in coursework and clinical experiences at a level appropriate for a novice administrator.    79.17(2)   Each principal candidate demonstrates the knowledge, skills, and dispositions necessary to:     a.    Collaboratively lead, design, and implement a school mission, vision, and process for continuous improvement that reflects a core set of values and priorities that include data use, technology, equity, diversity, digital citizenship, and community. (Mission, Vision, and Improvement)    b.    Advocate for ethical decisions and cultivate and enact professional norms. (Ethics and Professional Norms)    c.    Develop and maintain a supportive, equitable, culturally responsive, and inclusive school culture. (Equity, Inclusiveness, and Cultural Responsiveness)     d.    Evaluate, develop, and implement coherent systems of curriculum, instruction, data systems, supports, and assessment. (Learning and Instruction)    e.    Strengthen student learning, support school improvement, and advocate for the needs of the school and community. (Community and External Leadership)    f.    Improve management, communication, technology, school-level governance, and operation systems to develop and improve data-informed and equitable school resource plans and to apply laws, policies, and regulations. (Operations and Management)     g.    Build the school’s professional capacity, engage staff in the development of a collaborative professional culture, and improve systems of staff supervision, evaluation, support, and professional learning. (Building Professional Capacity)     79.17(3)   Each superintendent candidate demonstrates competency in all of the following professional core curricula:    a.    Collaboratively lead, design, and implement a district mission, vision, and process for continuous improvement that reflects a core set of values and priorities that include data use, technology, values, equity, diversity, digital citizenship, and community. (District Mission, Vision, and Improvement)    b.    Advocate for ethical decisions and cultivate professional norms and culture. (Ethics and Professional Norms)    c.    Develop and maintain a supportive, equitable, culturally responsive, and inclusive district culture. (Equity, Inclusiveness, and Cultural Responsiveness)    d.    Evaluate, design, cultivate, and implement coherent systems of curriculum, instruction, data systems, supports, assessment, and instructional leadership. (Learning and Instruction)    e.    Understand and engage families, communities, and other constituents in the work of schools and the district and to advocate for district, student, and community needs. (Community and External Leadership)    f.    Develop, monitor, evaluate, and manage data-informed and equitable district systems for operations, resources, technology, and human capital management. (Operations and Management)    g.    Cultivate relationships, lead collaborative decision making and governance, and represent and advocate for district needs in broader policy conversations. (Policy, Governance, and Advocacy)    79.(2) 79.17(4)   Each new administrator candidate successfully completes the appropriate evaluator training provided by a state-approved evaluator trainer.    79.(3) 79.17(5)   Each administrator candidate demonstrates the knowledge, skills, and dispositions necessary to support the implementation of the Iowa core.    79.(4) 79.17(6)   Each administrator candidate demonstrates, within specific coursework and clinical experiences related to the study of human relations, cultural competency, and diverse learners, that the candidate is prepared, the ability to workdevelop and maintain a supportive, equitable, culturally responsive, and inclusive district culture with studentsand staff from diverse groups, as defined in rule 281—79.2(256). The unit shall provide evidence that administrator candidates develop the ability to meet the needs of all learners,as well as ensuring teachers meet the needs of diverse learners, including:    a.    Students from diverse ethnic, racial and socioeconomic backgrounds.    b.    Students with disabilities. This will include preparation in developing and implementing individualized education programs and behavioral intervention plans, preparation for educating individuals in the least restrictive environment and identifying that environment, and strategies that address difficult and violent student behavior and improve academic engagement and achievement.    c.    Students who are struggling with literacy, including those with dyslexia.    c.    d.    Students who are gifted and talented.    d.    e.    English language learners.    e.    f.    Students who may be at risk of not succeeding in school.This preparation will include classroom management addressing high-risk behaviors including, but not limited to, behaviors related to substance abuse.    79.(5) 79.17(7)   Each administrator candidate meets all requirements established by the board of educational examiners for any endorsement for which the candidate is recommended. Programs shall submit curriculum exhibit sheets for approval by the board of educational examiners and the department.

        ITEM 8.    Amend subrule 79.21(2) as follows:    79.21(2)   Each candidate demonstrates, within specific coursework and clinical experiences related to the study of human relations, cultural competency, and diverse learners, that the candidate is prepared to work with students from diverse groups, as defined in rule 281—79.2(256). The unit shall provide evidence that candidates develop the ability to meet the needs of all learners, including:    a.    Students from diverse ethnic, racial and socioeconomic backgrounds.    b.    Students with disabilities. This will include preparation in developing and implementing individualized education programs and behavioral intervention plans, preparation for educating individuals in the least restrictive environment and identifying that environment, and strategies that address difficult and violent student behavior and improve academic engagement and achievement.    c.    Students who are struggling with literacy, including those with dyslexia.    c.    d.    Students who are gifted and talented.    d.    e.    English language learners.    e.    f.    Students who may be at risk of not succeeding in school.This preparation will include classroom management addressing high-risk behaviors including, but not limited to, behaviors related to substance abuse.    [Filed 11/18/20, effective 1/20/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5331CEducation Department[281]Adopted and Filed

    Rule making related to school leadership standards for administrators

        The State Board of Education hereby amends Chapter 83, “Teacher and Administrator Quality Programs,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 256.7(27).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 284A.Purpose and Summary    This chapter outlines the general standards and program requirements both administrator and teacher quality programs must meet to promote high student achievement and enhance educator quality. Compliance with these standards is required and is reported annually as part of the Department’s school improvement efforts. The current standards need updating because the national standards from which the current Iowa standards derive have been replaced by the Professional Standards for Educational Leaders, which better reflect the current context in education and the knowledge and skills needed by today’s educational leaders.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 26, 2020, as ARC 5147C. A public hearing was held on September 15, 2020, at 2:30 p.m. in the ICN Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, with an option to participate by video conference. One commenter from the School Administrators of Iowa provided a history of the collaboration between the School Administrators of Iowa and the Department of Education on this rule making and requested an effective date of July 1, 2021. The Department of Education received one written comment, which was supportive of the rule making. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the State Board on November 18, 2020.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    By statute, no waiver is permitted.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on July 1, 2021.    The following rule-making action is adopted:

        ITEM 1.    Rescind rule 281—83.10(284A) and adopt the following new rule in lieu thereof:

    281—83.10(284A) Iowa school leadership standards for administrators.  The Iowa school leadership standards for administrators are organized around the domains, qualities, and values of leadership work that research and practice indicate contribute to students’ academic success and well-being. The standards provide a framework to guide leadership practice and how leaders are prepared, hired, developed, supervised and evaluated. A local school board may establish additional administrator standards and related criteria, but shall at a minimum utilize the following standards therefor:    83.10(1) Mission, vision, and core values.  Educational leaders develop, advocate, and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student.    83.10(2) Ethics and professional norms.  Educational leaders act ethically and according to professional norms to promote each student’s academic success and well-being.    83.10(3) Equity and cultural responsiveness.  Educational leaders strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being.    83.10(4) Curriculum, instruction, and assessment.  Educational leaders develop and support intellectually rigorous and coherent systems of curriculum, instruction, and assessment to promote each student’s academic success and well-being.    83.10(5) Community of care and support for students.  Educational leaders cultivate an inclusive, caring, and supportive school community that promotes the academic success and well-being of each student.    83.10(6) Professional capacity of school personnel.  Educational leaders develop the professional capacity and practice of school personnel to promote each student’s academic success and well-being.    83.10(7) Professional community for teachers and staff.  Educational leaders foster a professional community of teachers and other professional staff to promote each student’s academic success and well-being.    83.10(8) Meaningful engagement of families and communities.  Educational leaders engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being.    83.10(9) Operations and management.  Educational leaders manage school operations and resources to promote each student’s academic success and well-being.    83.10(10) School improvement.  Educational leaders act as agents of continuous improvement to promote each student’s academic success and well-being.
        [Filed 11/18/20, effective 7/1/21][Published 12/16/20]Editor’s Note: For replacement pages for IAC, see IAC Supplement 12/16/20.
    ARC 5332CEducation Department[281]Adopted and Filed

    Rule making related to corporal punishment

        The State Board of Education hereby rescinds Chapter 103, “Corporal Punishment Ban; Restraint; Physical Confinement and Detention,” and adopts new Chapter 103, “Corporal Punishment, Physical Restraint, Seclusion, and Other Physical Contact with Students,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 256.7 and 280.21(1).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 256B.3 and 280.21.Purpose and Summary    The Iowa Department of Education received an amended petition for rule making, which was submitted on September 18, 2018, and filed pursuant to Iowa Code section 17A.7. That petition sought revisions to Chapter 103, commonly known as the Department’s “seclusion and restraint” rules. The amended petition was received after several meetings between the petitioners, other interested parties, and key Department staff regarding the content of the original petition. After reviewing the proposed rules, the Department recommended that the rules be submitted to the State Board of Education as a Notice of Intended Action to update the current rules to allow all interested parties an opportunity for public comment. After publication of the Notice (ARC 4276C, IAB 2/13/19) and receipt of public comment, the Department revised the rules to address public comments and presented the rules to the State Board for adoption. The State Board did not adopt the rules and instructed the Department to continue to collect feedback on three points of contention in the rules.    The three areas of contention in the rules were as follows: (1) commenters objected to the use of the term “serious physical” injury and felt the term would result in educators second-guessing their actions when situations may call for seclusion and restraint; (2) commenters objected to the requirement that educators contact parents within ten minutes of both the commencement and conclusion of the seclusion or physical restraint because the commenters felt this was not practical under the circumstances and that educators need to be able to handle the situation; and (3) commenters objected to the requirements on the size of seclusion rooms and requested that some rooms be grandfathered into use.    The Department conducted six meetings at six different area education agencies to collect more input on the rules. This rule making reflects changes made after input was received at the six meetings. (1) The term “serious physical” injury was replaced with “bodily” injury; (2) the ten-minute time frame for notifying parents was changed to “as soon as practical after the situation is under control but no later than one hour or the end of a school day, whichever occurs first”; and finally (3) room sizes were modified and districts were given more time to come into compliance with room requirements.    The State Board gave Notice of Intended Action to rescind and adopt a new Chapter 103, which was published in the December 18, 2019, Iowa Administrative Bulletin as ARC 4816C. The Department received several public comments and held a public hearing on January 7, 2020. Due to the public health disaster emergency associated with the COVID-19 pandemic, the Department was unable to present proposed final rules to the State Board, and the Notice of Intended Action expired. Because the revisions of Iowa’s rules on seclusion and restraint are necessary, the State Board gave Notice for a third time of its intent to rescind and adopt a new Chapter 103, as discussed in the next paragraph.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 26, 2020, as ARC 5146C. A public hearing was held on September 15, 2020, at 3 p.m. in the ICN Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, with the option to participate by video conference.    Eleven people attended the hearing: four providing comment and seven as observers.    The Department received three written comments: one from two of the initial petitioners, supporting the proposed rule as it was published under Notice; one representing two education organizations, proposing a different size for seclusion rooms; and one from a professor in a practitioner preparation program, proposing substantial changes.    Process; rules overall. Multiple comments from both parent advocates and educational organizations were largely favorable to the proposed rules. One representative of an education organization referenced the partnership with the petitioners and thanked the Department for a very thorough process. The Department thanks the commenters for their kind words and appreciates the candid and collaborative input from multiple parties during this process.    Purpose (rule 281—103.1(256B,280)). One commenter asked that the intended purpose of the chapter be broadened to require effective responses to challenging behaviors, as opposed to merely encouraging them. The purpose is broad and clear enough to encompass the commenter’s concern, and what is effective may vary based on each child’s circumstances. Further, the chapter’s provisions for documentation, training, and monitoring will increase the effectiveness of schools’ responses over time. The Department makes no change.    Definitions (rule 281—103.2(256B,280)). One commenter asked that the definition of “seclusion” be broadened to include restrictions on a student’s movement, such as by leaving a classroom. The definitions of “physical restraint” and “seclusion” are commonly accepted, consensus definitions. As the Department understands the comment, the change proposed by the commenter could significantly broaden the scope of this chapter. For example, if a teacher blocks a student from running toward a fight, under the proposed change the student would have been secluded, even if the student was free to move anywhere but toward the fight. The commenter also suggested that restrictions on movement accomplished by an adult holding a child or blocking the child’s movement with an object (such as a mat) should meet the definition of “seclusion.” The Department disagrees, and notes that in many instances, the use of an object to prevent a child’s movement would meet the chapter’s definition of “physical restraint,” or, depending on how the object is used, a prohibited “mechanical restraint” (rule 281—103.3(256B,280)). Additionally, the proposed definition of “seclusion” is sufficiently broad enough to encompass confining a child to a seclusion room or area through the use of an object. The Department made no change based on this comment.    Modifier to “injury” (paragraph 103.7(1)“a”). One commenter asked that the modifier “serious” be restored to the rules. Another commenter asked that “bodily” be retained as the modifier. As noted above in the preamble, this issue was quite controversial, and the current modifier (“bodily”) is significantly more protective than the status quo rules, which contain no modifier to “injury.” The Department has also taken notice of the fact that 2020 Iowa Acts, Senate File 2360, concerning related and overlapping subject matter, uses the term “bodily injury.” The Department made no change based on these comments.    Damage to property (paragraphs 103.7(1)“b” and “c”). One commenter asked that paragraphs “b” and “c” in subrule 103.7(1) be merged. In effect, if the suggestion were adopted, student safety concerns would be required before an educator could use seclusion or restraint due to property damage. While the Department understands the concerns about seclusion and restraint due to threats of minor property damage, the Department must ensure its rules are faithful to the underlying statute. The current language does both. The Department made no change based on this comment.    Documentation requirements (subrules 103.7(2) and 103.8(2)). One commenter noted that several items required to be documented in subrule 103.7(2) are not clearly listed in subrule 103.8(2). The commenter expressed concerns about confusion, potential misalignment, and the potential circular nature of these two subrules. The Department greatly benefited from this commenter’s close reading of the relevant rule text. The Department made changes from the Notice in paragraphs 103.8(2)“g,” “h,” and “l.”    Breaks (subparagraph 103.7(2)“c”(1)). One commenter asked for clarification on who determines whether “breaks to attend to personal and bodily needs” are “necessary.” No clarification is necessary. This decision is to be made by school officials, based on what is reasonable in light of the circumstances. School officials are cautioned, however, that using breaks to obtain compliance or withholding breaks as punishment is outside the scope of this rule (e.g., “You can leave the seclusion room to use the restroom after you sit in ‘body basics’ for five minutes on the green circle”). The Department made no change based on this comment.    Unauthorized seclusion rooms (paragraph 103.7(2)“d”). One commenter asked that “clearly impractical” be deleted from the language concerning unauthorized seclusion rooms, stating the use of unapproved seclusion rooms must be “very rare.” The Department agrees with the sentiment and the policy goal; however, the current language adequately addresses the concern. The Department made no change based on this comment.    Relationship of Chapter 103 and special education (paragraph 103.7(2)“c” and subrule 103.7(6)). One commenter objected to any reference to individualized education plans, behavior intervention plans, or individualized health plans in these rules, asserting that any reference to seclusion and restraint belongs only in a safety plan. The commenter also stated that seclusion and restraint does not improve challenging behavior, so any reference to making “progress appropriate in light of the child’s circumstances” is improper. As to the first concern, where discussion of seclusion and restraint belongs in a child’s documentation is a matter for the child’s team to determine in the first instance. As to the second concern, while seclusion and restraint does not improve behavior, seclusion and restraint may be necessary to address student safety and allow a student to have access to education. While seclusion and restraint may not be sufficient for a student to make educational progress, in some cases it is necessary. The Department made no changes based on this comment.    Debriefing and special education eligibility standards (subrule 103.8(3)). One commenter requested that the debriefing rules more clearly align with rules and procedures on special education eligibility. The Department believes this concern, which may be broader than eligibility for special education, may be addressed by adding cross-references to applicable administrative rules. The Department made changes from the Notice in paragraphs 103.8(3)“c” and “d.”    Dimensions of the seclusion room (subrule 103.9(2)). One commenter, representing two education organizations, asked for 49 square feet as a minimum dimension, as opposed to 56 square feet, due to costs to districts in bringing rooms into compliance. Another commenter, representing another education organization, stated that the room dimension, as well as the five-year period to bring a room into correction (subrule 103.9(16)), were reasonable. After considering these comments, the Department concludes the dimensions in the Notice are reasonable. The dimension of 56 square feet balances numerous interests and was arrived at through a lengthy consensus-building process. The room needs to be of sufficient size to allow the child to be safe in the room, as well as to allow adults to safely and swiftly enter the room if needed. The current dimension accommodates those needs. The Department made no change based on this comment.    Documentation of approval (subrule 103.9(15)). One commenter asked that schools be required to maintain documentation that health and safety officials approved the use of a seclusion room after consultation with those officials, not just to maintain documentation of the consultation. This request is reasonable, especially given that subrule 103.9(16) contemplates approval by health and safety officials. The Department made a change from the Notice to add the requested language to subrule 103.9(15).Adoption of Rule Making    This rule making was adopted by the State Board on November 18, 2020.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. There may be a cost, of unknown amount, for schools to construct or remodel seclusion rooms to comply with the requirements of subrule 103.9(2).Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    An agency-wide waiver provision is provided in 281—Chapter 4.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on January 20, 2021.    The following rule-making action is adopted:

        ITEM 1.    Rescind 281—Chapter 103 and adopt the following new chapter in lieu thereof: CHAPTER 103CORPORAL PUNISHMENT, PHYSICAL RESTRAINT, SECLUSION, AND OTHER PHYSICAL CONTACT WITH STUDENTS

    281—103.1(256B,280) Purpose and objectives.  The purpose of this chapter is to provide uniform definitions and policies for public school districts, accredited nonpublic schools, and area education agencies regarding the application of physical contact or force to enrolled students. These rules clarify that corporal punishment, prone restraint, and mechanical restraint are prohibited; explain the parameters and protocols for the use of physical restraint and seclusion; and describe other limits on physical contact with students. The applicability of this chapter to physical restraint, seclusion, or behavior management interventions does not depend on the terminology employed by the organization to describe the activity or space. These rules are intended to promote the dignity, care, safety, welfare, and security of each child and the school community; encourage the use of proactive, effective, and evidence- and research-based strategies and best practices to reduce the occurrence of challenging behaviors; increase meaningful instructional time for all students; ensure that seclusion and physical restraint are used only in specified circumstances and are subject to assessment, monitoring, documentation, and reporting by trained employees; and give clear guidance on whether a disciplinary or behavioral management technique is prohibited or may be used.

    281—103.2(256B,280) Definitions.  For the purposes of this chapter:        "Bodily injury" means physical pain, illness, or any impairment of physical condition.        "Corporal punishment" means the intentional physical punishment of a student. “Corporal punishment” includes the use of unreasonable or unnecessary physical force, or physical contact made with the intent to harm or cause pain.        "Debriefings" are meetings to collaboratively examine and determine what caused an incident or incidents resulting in the use of physical restraints or seclusion, how the incident or the use of physical restraints or seclusion or both could have been avoided and how future incidents could be avoided, and to plan for and implement positive and preventative supports. The debriefing process is intended to improve future outcomes by reducing the likelihood of future problem behavior and the subsequent use of physical restraint or seclusion.        "Mechanical restraint" means the use of a device as a means of restricting a student’s freedom of movement. “Mechanical restraint” does not mean a device used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which such a device was designed and, if applicable, prescribed, including restraints for medical immobilization, adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports, and vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.        "Parent" means an individual included in the definition of “parent” in rule 281—41.30(256B,34CFR300), and also includes an individual authorized to make decisions for the child pursuant to a power of attorney for temporary delegation of custody or for making educational decisions.        "Physical restraint" means a personal restriction that immobilizes or reduces the ability of a child to move the child’s arms, legs, body, or head freely. “Physical restraint” does not mean a technique used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which such a technique was designed and, if applicable, prescribed. “Physical restraint” does not include instructional strategies, such as physically guiding a student during an educational task, hand-shaking, hugging, or other nondisciplinary physical contact.        "Prone restraint" means any restraint in which the child is held face down on the floor.        "Reasonable and necessary force" is that force, and no more, which a reasonable person would judge to be necessary under the circumstances that existed at the time, that is not intended to cause pain, and that does not exceed the degree or duration required to accomplish the purposes set forth in rule 281—103.5(256B,280).        "School" includes public school districts, accredited nonpublic schools, and area education agencies.        "Seclusion" means the involuntary confinement of a child in a seclusion room or area from which the child is prevented or prohibited from leaving; however, preventing a child from leaving a classroom or school building shall not be considered seclusion. “Seclusion” does not include instances when a school employee is present within the room and providing services to the child, such as crisis intervention or instruction.        "Seclusion room" means a room, area, or enclosure, whether within or outside the classroom, used for seclusion.

    281—103.3(256B,280) Ban on corporal punishment and prone and mechanical restraints.  An employee shall not inflict, or cause to be inflicted, corporal punishment upon a student or use prone restraints or mechanical restraints upon a student.

    281—103.4(256B,280) Activities that are not considered corporal punishment.  Corporal punishment does not include the following:
    1. Verbal recrimination or chastisement directed toward a student;
    2. Reasonable requests or requirements of a student engaged in activities associated with physical education class or extracurricular athletics;
    3. Actions consistent with and included in an individualized education program (IEP) developed under the Individuals with Disabilities Education Act, as reauthorized, Iowa Code chapter 256B, and 281––Chapter 41; a behavior intervention plan (BIP); an individual health plan (IHP); or a safety plan. However, under no circumstance shall an IEP, BIP, IHP, or safety plan violate the provisions of this chapter;
    4. Reasonable periods of detention, not in excess of school hours, or brief periods of detention before or after school, in a seat, classroom, or other part of a school facility;
    5. Actions by an employee subject to these rules toward a person who is not a student of the school or receiving the services of a school employing or utilizing the services of the employee.

    281—103.5(256B,280) Use of reasonable and necessary force.      103.5(1)   Notwithstanding the ban on corporal punishment in rule 281—103.3(256B,280), no employee subject to these rules is prohibited from:    a.    Using reasonable and necessary force, not designed or intended to cause pain, in order to accomplish any of the following:    (1)   To quell a disturbance or prevent an act that threatens physical harm to any person.    (2)   To obtain possession of a weapon or other dangerous object within a student’s control.    (3)   For the purposes of self-defense or defense of others as provided for in Iowa Code section 704.3.    (4)   To remove a disruptive student from class or any area of the school’s premises or from school-sponsored activities off school premises.    (5)   To prevent a student from the self-infliction of harm.    (6)   To protect the safety of others.    (7)   To protect property as provided for in Iowa Code section 704.4 or 704.5.    b.    Using incidental, minor, or reasonable physical contact to maintain order and control.    103.5(2)   An employee subject to these rules is not privileged to use unreasonable force to accomplish any of the purposes listed above.

    281—103.6(256B,280) Reasonable force.      103.6(1)   In determining the reasonableness of the physical force used by a school employee, the following factors shall be applied:    a.    The size and physical, mental, and psychological condition of the student;    b.    The nature of the student’s behavior or misconduct resulting in the use of physical force;    c.    The instrumentality used in applying the physical force;    d.    The extent and nature of resulting injury to the student, if any, including mental and psychological injury;    e.    The motivation of the school employee using the physical force.    103.6(2)   Reasonable physical force, privileged at its inception, does not lose its privileged status by reasons of an injury to the student, not reasonably foreseeable or otherwise caused by intervening acts of another, including the student.

    281—103.7(256B,280) Reasonable and necessary force—use of physical restraint or seclusion.      103.7(1)   Physical restraint or seclusion is reasonable and necessary only:    a.    To prevent or terminate an imminent threat of bodily injury to the student or others; or    b.    To prevent serious damage to property of significant monetary value or significant nonmonetary value or importance; or     c.    When the student’s actions seriously disrupt the learning environment or when physical restraint or seclusion is necessary to ensure the safety of the student and others; and    d.    When less restrictive alternatives to seclusion or physical restraint would not be effective, would not be feasible under the circumstances, or have failed in preventing or terminating the imminent threat or behavior; and    e.    When the physical restraint or seclusion complies with all the rules of this chapter.    103.7(2)   If seclusion or physical restraint is utilized, the following provisions shall apply:    a.    The seclusion or physical restraint must be imposed by an employee who:    (1)   Is trained in accordance with rule 281—103.8(256B,280); or    (2)   Is otherwise available and a trained employee is not immediately available due to the unforeseeable nature of the occurrence.    b.    A school must attempt to notify the student’s parent using the school’s emergency contact system as soon as practicable after the situation is under control, but no later than one hour or the end of the school day, whichever occurs first.     c.    The seclusion or physical restraint must only be used for as long as is necessary, based on research and evidence, to allow the student to regain control of the student’s behavior to the point that the threat or behavior necessitating the use of the seclusion or physical restraint has ended, or when a medical condition occurs that puts the student at risk of harm.Unless otherwise provided for in the student’s written, approved IEP, BIP, IHP, or safety plan, if the seclusion or physical restraint continues for more than 15 minutes:    (1)   The student shall be provided with any necessary breaks to attend to personal and bodily needs, unless doing so would endanger the child or others.    (2)   An employee shall obtain approval from an administrator or administrator’s designee to continue the seclusion or physical restraint beyond 15 minutes. After the initial approval, an employee must obtain additional approval every 30 minutes thereafter for the continuation of the seclusion or physical restraint. Approval must be documented in accordance with rule 281—103.8(256B,280).    (3)   The student’s parent and the school may agree to more frequent notifications than is required by this subrule.    (4)   Schools and employees must document and explain in writing, as required by subrule 103.8(2), the reasons why it was not possible for them to obtain approval, notify parents, or take action under paragraphs 103.7(2)“b” and “c” within the prescribed time limits.    (5)   Schools and employees who initiate and then end the use of nonapproved restraints must document and explain in writing the reasons why they had no other option but to use this type of behavioral intervention. This subparagraph is not intended to excuse or condone the use of nonapproved restraints.    d.    The area of seclusion shall be a designated seclusion room that complies with the seclusion room requirements of rule 281—103.9(256B,280), unless the nature of the occurrence makes the use of the designated seclusion room impossible, clearly impractical, or clearly contrary to the safety of the student, others, or both; in that event, the school must document and explain in writing the reasons why a designated seclusion room was not used.    e.    An employee must continually visually monitor the student for the duration of the seclusion or physical restraint.    f.    An employee shall not use any physical restraint that obstructs the airway of the student.    g.    If an employee restrains a student who uses sign language or an augmentative mode of communication as the student’s primary mode of communication, the student shall be permitted to have the student’s hands free of physical restraint, unless doing so is not feasible in view of the threat posed.    h.    Seclusion or physical restraint shall not be used:
  • As punishment or discipline;
  • To force compliance or to retaliate;
  • As a substitute for appropriate educational or behavioral support;
  • To prevent property damage except as described in paragraph 103.7(1)“b”;
  • As a routine school safety measure; or
  • As a convenience to staff.
  •     103.7(3)   An employee must document the use of the seclusion or physical restraint in accordance with rule 281—103.8(256B,280).    103.7(4)   Nothing in this rule shall be construed as limiting or eliminating any immunity conferred by Iowa Code section 280.21, rule 281—103.11(256B,280), or any other provision of law.    103.7(5)   An agency covered by this chapter shall investigate any complaint or allegation that one or more of its employees violated one or more provisions of this chapter. If an agency covered by this chapter determines that one or more of its employees violated one or more of the provisions of this chapter, the agency shall take appropriate corrective action. If any allegation involves a specific student, the agency shall transmit to the parents of the student the results of its investigation, including, to the extent permitted by law, any required corrective action.    103.7(6)   If a child’s IEP, BIP, IHP, or safety plan includes either or both physical restraint or seclusion measures, those measures must be individualized to the child; described with specificity in the child’s IEP, BIP, IHP, or safety plan; and be reasonably calculated to enable the child to make progress appropriate in light of the child’s circumstances.    103.7(7)   These rules must be complied with whether or not a parent consents to the use of physical restraint or seclusion for the child.    103.7(8)   If any alleged violation of this chapter is also an allegation of “abuse” as defined in rule 281—102.2(280), the procedures in 281—Chapter 102 shall be applicable.    103.7(9)   Schools must provide a copy of this chapter and any school-adopted or school-used related policies, procedures and training materials to any individual who is not an employee but whose duties could require the individual to participate in or be present when physical restraints are or seclusion is being used. Schools must invite these individuals to participate in training offered to employees pursuant to this chapter.

    281—103.8(256B,280) Training, documentation, debriefing, and reporting requirements.      103.8(1) Training.  An employee must receive training prior to using any form of physical restraint or seclusion. Training shall cover the following topics:    a.    The rules of this chapter;    b.    The school’s specific policies and procedures regarding the rules of this chapter;    c.    Student and staff debriefing requirements;    d.    Positive behavior interventions and supports, and evidence-based approaches to student discipline and classroom management;    e.    Research-based alternatives to physical restraint and seclusion;    f.    Crisis prevention, crisis intervention, and crisis de-escalation techniques;    g.    Duties and responsibilities of school resource officers and other responders, and the techniques, strategies and procedures used by responders; and    h.    Safe and effective use of physical restraint and seclusion.    103.8(2) Documentation and reporting.  Schools must maintain documentation for each occurrence of physical restraint and seclusion. Documentation must contain at least the following information:    a.    The name of the student;    b.    The names and job titles of employees who observed, implemented, or were involved in administering or monitoring the use of seclusion or physical restraints, including the administrator or individual who approved continuation of the seclusion or physical restraint pursuant to subparagraph 103.7(2)“c”(2);    c.    The date of the occurrence;    d.    The beginning and ending times of the occurrence;    e.    The date the employees who observed, implemented, or were involved in administering or monitoring the use of seclusion or physical restraints last completed training required by subrule 103.8(1);    f.    A description of the actions of the student before, during, and after the seclusion or physical restraint;    g.    A description of the actions of the employee(s) involved before, during, and after the seclusion or physical restraint, including the use of a nonapproved restraint (subparagraph 103.7(2)“c”(5)) or the use of other than a designated seclusion room (paragraph 103.7(2)“d”);    h.    Documentation of approvals for continuation of the seclusion or physical restraint period generated in accordance with subrule 103.7(2), including why it was not possible to obtain approval;    i.    A description of the less restrictive means attempted as alternatives to seclusion or physical restraint;    j.    A description of any injuries, whether to the student or others, and any property damage;    k.    A description of future approaches to address the student’s behavior, including any consequences or disciplinary actions that may be imposed on the student; and    l.    The time and manner by which the school notified the student’s parent of the use of physical restraint or seclusion, including why it was not possible to attempt to give notice within the time specified by paragraph 103.7(2)“b.”Schools must provide the student’s parent with a written copy of the report by the end of the third school day following the occurrence. The report shall be accompanied by a letter inviting the parent to participate in a debriefing meeting, if necessary under subrule 103.8(3), to be held within five school days of the day the report and letter are mailed to or provided to the parent. The letter must include the date, time and place of the meeting and the names and titles of employees and other individuals who will attend the meeting. The parent may elect to receive the report and the letter via electronic mail or facsimile or by obtaining a copy at the school. If the parent does not provide instructions to the school or enter into an agreement with the school for alternate dates and methods of delivery, the school must mail the letter and report to the parent by first-class mail, postage prepaid, postmarked by end of the third school day after the occurrence.    103.8(3) Debriefing.      a.    Schools must hold a debriefing meeting as soon as practicable whenever required by paragraph 103.8(3)“f,” but within five school days of the day the report and letter are mailed or provided to the parent, unless a parent who wants to participate personally or through a representative asks for an extension of time, or the parent and school agree to an alternate date and time. The student may attend the meeting with the parent’s consent. The parent may elect to be accompanied by other individuals or representatives. The meeting must include employees who administered the physical restraint or seclusion, an administrator or employee who was not involved in the occurrence, the individual or administrator who approved continuation of the physical restraint or seclusion, other relevant personnel designated by the school (such as principal, counselor, classroom teacher, special education teacher), and, if indicated by the student’s behavior in the instances prompting the debriefing, an expert in behavioral health, mental health, or another appropriate discipline. The meeting, and the debriefing report that is to be provided to the parent after the meeting, must include the following information and subjects:    (1)   The date and location of the meeting, and the names and titles of the participants;    (2)   The documentation and report completed in compliance with subrule 103.8(2);    (3)   A review of the student’s BIP, IHP, safety plan, and IEP as applicable;    (4)   Identification of patterns of behavior and proportionate response, if any, in the student and the employees involved;    (5)   Determination of possible alternative responses to the incident/less restrictive means, if any;    (6)   Identification of additional resources that could facilitate those alternative responses in the future;    (7)   Planning for follow-up actions, such as behavior assessments, revisions of school intervention plans, medical consultations, and reintroduction plans.    b.    Schools must complete the debriefing report and provide a copy of the report to the parent of the student within three school days of the debriefing meeting. The parent may elect to receive the report via electronic mail, or facsimile, or by obtaining a copy at the school. If the parent does not provide instructions to the school or enter into an agreement with the school for alternate dates and methods of delivery, the school must mail the debriefing report to the parent by first-class mail, postage prepaid, postmarked no later than three school days after the debriefing meeting.    c.    If the debriefing session results in a recommendation that a child might be eligible for a BIP, IHP, safety plan, or IEP, the public agencies shall promptly determine the child’s eligibility in accordance with the procedures required for determining eligibility, including rules contained in 281—Chapter 14 and 281—Chapter 41, as applicable.    d.    Any recommended change to a student’s BIP, IHP, safety plan, or IEP, or a student’s educational placement, shall be made in accordance with the procedures required for amending said plan or changing said placement, including rules contained in 281—Chapter 14 and 281—Chapter 41, as applicable.    e.    Nothing in this subrule shall be construed to require employers to include information about employees that would be legally protected personnel information, including employee disciplinary information under Iowa Code chapters 279 and 284, or to allow discussion of that personnel information, in debriefing meetings.    f.    For purposes of this subrule, a debriefing session is required:    (1)   Upon the first instance of seclusion or physical restraint during a school year;    (2)   Whenever any personal injury occurs as a part of the use of seclusion or physical restraint;     (3)   Whenever a reasonable educator would determine a debriefing session is necessary;     (4)   Whenever suggested by a student’s IEP team (if any);    (5)   Whenever agreed by the parent and the school officials.However, in any case a debriefing session shall occur after seven instances of seclusion or physical restraint. Nothing in this paragraph shall be construed to prevent a school from offering more debriefing meetings.    103.8(4) Confidentiality.  Schools must comply with the requirements of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99), Iowa Code chapter 22, “Examination of Public Records (Open Records),” and other applicable federal and state laws, when taking action pursuant to this rule.    103.8(5) Reporting to department.  Schools shall report to the Iowa department of education, in a manner prescribed by the department, an annual count of all instances of seclusion or restraint, an annual count of the number of students who were subjected to seclusion or restraint, and any other data required for the department to implement the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act, Public Law 114-95.

    281—103.9(256B,280) Seclusion room requirements.  Schools must meet the following standards for the structural and physical requirements for rooms used for seclusion:    103.9(1)   The room must meet and comply with all applicable building, fire, safety, and health codes and standards and with the other requirements of this rule.    103.9(2)   The dimensions of the room shall be of adequate width, length, and height to allow the student to move about and recline safely and comfortably, considering the age, size, and physical and mental condition of the student being secluded. The interior of the room must be no less than 56 square feet, and the distance between opposing walls must be no less than 7 feet across.    103.9(3)   The room must not be isolated from school employees or the facility.    103.9(4)   Any wall that is part of the room must be part of the structural integrity of the room (not free-standing cells or portable units attached to the existing wall or floor).    103.9(5)   The room must provide a means of continuous visual and auditory monitoring of the student.    103.9(6)   The room must be adequately lighted with switches to control lighting located outside the room.    103.9(7)   The room must be adequately ventilated with switches to control fans or other ventilation devices located outside the room.    103.9(8)   The room must maintain a temperature within the normal human comfort range and consistent with the rest of the building with temperature controls located outside of the room.    103.9(9)   The room must be clean and free of objects and fixtures that could be potentially dangerous to a student, including protruding, exposed, or sharp objects, exposed pipes, electrical wiring, or other objects in the room that could be used by students to harm themselves or to climb up a wall.    103.9(10)   The room must contain no free-standing furniture.    103.9(11)   The room must be constructed of materials safe for its intended use, including wall and floor coverings designed to prevent injury to the student. Interior finish of the seclusion room shall comply with the state and local building and fire codes and standards.    103.9(12)   Doors must open outward. The door shall not be fitted with a lock unless it releases automatically when not physically held in the locked position by personnel on the outside of the door and permits the door to be opened from the inside. Doors, when fully open, shall not reduce the required corridor width by more than seven inches. Doors in any position shall not reduce the required width by more than one-half.    103.9(13)   The room must be able to be opened from the inside immediately upon the release of a security mechanism held in place by constant human contact.    103.9(14)   Windows, if any, must be transparent and made of unbreakable or shatterproof glass or plastic.    103.9(15)   By July 1