272.1 DEFINITIONS.
1. "Administrator" means a person who is licensed to
coordinate, supervise, or direct an educational program or the
activities of other practitioners.
2. "Board" means the board of educational examiners.
3. "Certificate" means limited recognition to perform
instruction and instruction-related duties in school, other than
those duties for which practitioners are licensed. A certificate is
nonexclusive recognition and does not confer the exclusive authority
of a license.
4. "Department" means the state department of education.
5. "License" means the authority that is given to allow a
person to legally serve as a practitioner, a school, an institution,
or a course of study to legally offer professional development
programs, other than those programs offered by practitioner
preparation schools, institutions, courses of study, or area
education agencies. A license is the exclusive authority to perform
these functions.
6. "Para-educator" means a person who is certified to assist
a teacher in the performance of instructional tasks to support and
assist classroom instruction and related school activities.
7. "Practitioner" means an administrator, teacher, or other
licensed professional who does not hold or receive a license from a
professional licensing board other than the board of educational
examiners and who provides educational assistance to students.
8. "Practitioner preparation program" means a program
approved by the state board of education which prepares a person to
obtain a license as a practitioner.
9. "Principal" means a licensed member of a school's
instructional staff who serves as an instructional leader,
coordinates the process and substance of educational and
instructional programs, coordinates the budget of the school,
provides formative evaluation for all practitioners and other persons
in the school, recommends or has effective authority to appoint,
assign, promote, or transfer personnel in a school building,
implements the local school board's policy in a manner consistent
with professional practice and ethics, and assists in the development
and supervision of a school's student activities program.
10. "Professional development program" means a course or
program which is offered by a person or agency for the purpose of
providing continuing education for the renewal or upgrading of a
practitioner's license.
11. "School" means a school under section 280.2, an area
education agency, and a school operated by a state agency for special
purposes.
12. "School service personnel" means those persons holding a
practitioner's license who provide support services for a student
enrolled in school or to practitioners employed in a school.
13. "Student" means a person who is enrolled in a course of
study at a school or practitioner preparation program, or who is
receiving direct or indirect assistance from a practitioner.
14. "Superintendent" means an administrator who promotes,
demotes, transfers, assigns, or evaluates practitioners or other
personnel, and carries out the policies of a governing board in a
manner consistent with professional practice and ethics.
15. "Teacher" means a licensed member of a school's
instructional staff who diagnoses, prescribes, evaluates, and directs
student learning in a manner which is consistent with professional
practice and school objectives, shares responsibility for the
development of an instructional program and any coordinating
activities, evaluates or assesses student progress before and after
instruction, and who uses the student evaluation or assessment
information to promote additional student learning. Section History: Early Form
[C97, § 2628; C24, 27, 31, 35, 39, § 3858; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 260.1] Section History: Recent Form
89 Acts, ch 265, § 1; 90 Acts, ch 1249, § 4
C93, § 272.1
98 Acts, ch 1216, §22; 2000 Acts, ch 1098, §2, 3; 2002 Acts, ch
1047, §10, 20
Referred to in §256.44, 256F.7, 261.111, 284.7, 709.15
272.2 BOARD OF EXAMINERS CREATED.
The board of educational examiners is created to exercise the
exclusive authority to:
1. a. License practitioners who do not hold or receive a
license from another professional licensing board. Licensing
authority includes the authority to establish criteria for the
licenses; establish issuance and renewal requirements; create
application and renewal forms; create licenses that authorize
different instructional functions or specialties; develop a code of
professional rights and responsibilities, practices, and ethics,
which shall, among other things, address the failure of a
practitioner to fulfill contractual obligations under section 279.13;
and develop any other classifications, distinctions, and procedures
which may be necessary to exercise licensing duties. In addressing
the failure of a practitioner to fulfill contractual obligations, the
board shall consider factors beyond the practitioner's control.
b. Notwithstanding section 272.28, subsection 1, a teacher
shall be licensed in accordance with rules adopted pursuant to
chapter 272, Code 2001, if the teacher successfully completes a
beginning teacher mentoring program approved pursuant to chapter
256E, Code 2001, on or before June 30, 2002, or is employed by a
school district that does not offer a beginning teacher mentoring and
induction program approved in accordance with this chapter during the
school year beginning July 1, 2001.
2. Establish, collect, and refund fees for a license.
3. Enter into reciprocity agreements with other equivalent state
boards or a national certification board to provide for licensing of
applicants from other states or nations.
4. Enforce rules adopted by the board through revocation or
suspension of a license, or by other disciplinary action against a
practitioner or professional development program licensed by the
board of educational examiners. The board shall designate who may or
shall initiate a licensee disciplinary investigation and a licensee
disciplinary proceeding, and who shall prosecute a disciplinary
proceeding and under what conditions, and shall state the procedures
for review by the board of findings of fact if a majority of the
board does not hear the disciplinary proceeding. However, in a case
alleging failure of a practitioner to fulfill contractual
obligations, the person who files a complaint with the board, or the
complainant's designee, shall represent the complainant in a
disciplinary hearing conducted in accordance with this chapter.
5. Apply for and receive federal or other funds on behalf of the
state for purposes related to its duties.
6. Evaluate and conduct studies of board standards.
7. Hire an executive director, legal counsel, and other personnel
and control the personnel administration of persons employed by the
board.
8. Hear appeals regarding application, renewal, suspension, or
revocation of a license. Board action is final agency action for
purposes of chapter 17A.
9. Establish standards for the determination of whether an
applicant is qualified to perform the duties required for a given
license.
10. Issue statements of professional recognition to school
service personnel who have attained a minimum of a baccalaureate
degree and who are licensed by another professional licensing board.
11. Make recommendations to the state board of education
concerning standards for the approval of professional development
programs.
12. Establish, under chapter 17A, rules necessary to carry out
board duties, and establish a budget request.
13. Adopt rules to provide for nontraditional preparation options
for licensing persons who hold a bachelor's degree from an accredited
college or university, who do not meet other requirements for
licensure.
14. Adopt rules to determine whether an applicant is qualified to
perform the duties for which a license is sought. The rules shall
include all of the following:
a. The board may deny a license to or revoke the license of a
person upon the board's finding by a preponderance of evidence that
either the person has been convicted of a crime or that there has
been a founded report of child abuse against the person. Rules
adopted in accordance with this paragraph shall provide that in
determining whether a person should be denied a license or that a
practitioner's license should be revoked, the board shall consider
the nature and seriousness of the founded abuse or crime in relation
to the position sought, the time elapsed since the crime was
committed, the degree of rehabilitation which has taken place since
the incidence of founded abuse or the commission of the crime, the
likelihood that the person will commit the same abuse or crime again,
and the number of founded abuses committed by or criminal convictions
of the person involved.
b. Notwithstanding paragraph "a", the rules shall require
the board to disqualify an applicant for a license or to revoke the
license of a person for any of the following reasons:
(1) The person entered a plea of guilty to, or has been found
guilty of, any of the following offenses established pursuant to Iowa
law or offenses of a similar nature established under the laws of any
other state or of the United States, or any other country, whether or
not a sentence is imposed:
(a) Any of the following forcible felonies included in section
702.11: child endangerment, assault, murder, sexual abuse, or
kidnapping.
(b) Any of the following sexual abuse offenses, as provided in
chapter 709, involving a child:
(i) First, second, or third degree sexual abuse committed on or
with a person who is under the age of eighteen years.
(ii) Lascivious acts with a child.
(iii) Detention in a brothel.
(iv) Assault with intent to commit sexual abuse.
(v) Indecent contact with a child.
(vi) Sexual exploitation by a counselor.
(vii) Lascivious conduct with a minor.
(viii) Sexual exploitation by a school employee.
(c) Incest involving a child under section 726.2.
(d) Dissemination and exhibition of obscene material to minors
under section 728.2.
(e) Telephone dissemination of obscene material to minors under
section 728.15.
(2) The applicant is less than twenty-one years of age except as
provided in section 272.31, subsection 1, paragraph "e".
However, a student enrolled in a practitioner preparation program who
meets board requirements for a temporary, limited-purpose license who
is seeking to teach as part of a practicum or internship may be less
than twenty-one years of age.
(3) The applicant's application is fraudulent.
(4) The applicant's license or certification from another state
is suspended or revoked.
(5) The applicant fails to meet board standards for application
for an initial or renewed license.
c. Qualifications or criteria for the granting or revocation
of a license or the determination of an individual's professional
standing shall not include membership or nonmembership in any
teachers' organization.
d. An applicant for a license or certificate under this
chapter shall demonstrate that the requirements of the license or
certificate have been met and the burden of proof shall be on the
applicant.
15. Adopt rules that require specificity in written complaints
that are filed by individuals who have personal knowledge of an
alleged violation and which are accepted by the board, provide that
the jurisdictional requirements as set by the board in administrative
rule are met on the face of the complaint before initiating an
investigation of allegations, provide that any investigation be
limited to the allegations contained on the face of the complaint,
provide for an adequate interval between the receipt of a complaint
and public notice of the complaint, permit parties to a complaint to
mutually agree to a resolution of the complaint filed with the board,
allow the respondent the right to review any investigative report
upon a finding of probable cause for further action by the board,
require that the conduct providing the basis for the complaint
occurred within three years of discovery of the event by the
complainant unless good cause can be shown for an extension of this
limitation, and require complaints to be resolved within one hundred
eighty days unless good cause can be shown for an extension of this
limitation.
16. Adopt criteria for administrative endorsements that allow a
person to achieve the endorsement authorizing the person to serve as
an elementary or secondary principal without regard to the grade
level at which the person accrued teaching experience.
17. Adopt rules to require that a background investigation be
conducted by the division of criminal investigation of the department
of public safety on all initial applicants for licensure. The board
shall also require all initial applicants to submit a completed
fingerprint packet and shall use the packet to facilitate a national
criminal history background check. The board shall have access to,
and shall review the sex offender registry information under section
692A.13, the central registry for child abuse information established
under chapter 235A, and the dependent adult abuse records maintained
under chapter 235B for information regarding applicants for license
renewal. Section History: Early Form
[C97, § 2629; S13, § 2629; C24, 27, 31, § 3863; C35, § 3858-e1;
C39, § 3858.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
260.2] Section History: Recent Form
86 Acts, ch 1245, § 1442; 89 Acts, ch 265, § 2; 90 Acts, ch 1249,
§ 5, 6
C93, § 272.2
96 Acts, ch 1189, § 1; 96 Acts, ch 1215, § 46; 2001 Acts, ch 103,
§1; 2001 Acts, ch 161, §15, 16; 2001 Acts, ch 177, §13, 15; 2002
Acts, ch 1084, §1; 2002 Acts, ch 1128, §1; 2003 Acts, ch 108, §48;
2003 Acts, ch 180, §14, 15; 2006 Acts, ch 1152, §9; 2007 Acts, ch
108, §9
Referred to in § 232.69, 235B.16, 272.12, 272.15, 279.43
272.3 MEMBERSHIP.
1. The board of educational examiners consists of twelve members.
Two must be members of the general public, one must be the director
of the department of education or the director's designee, and the
remaining nine members must be licensed practitioners. One of the
public members shall have served on a school board. The public
members shall never have held a practitioner's license, but shall
have a demonstrated interest in education. The nine practitioners
shall be selected from the following areas and specialties of the
teaching profession:
a. Elementary teachers.
b. Secondary teachers.
c. Special education or other similar teachers.
d. Counselors or other special purpose practitioners.
e. Administrators.
f. School service personnel.
2. A majority of the licensed practitioner members shall be
nonadministrative practitioners. Four of the members shall be
administrators. Membership of the board shall comply with the
requirements of sections 69.16 and 69.16A. A quorum of the board
shall consist of six members. Members shall elect a chairperson of
the board. Members, except for the director of the department of
education, shall be appointed by the governor subject to confirmation
by the senate. Section History: Early Form
[C97, § 2634; S13, § 2634-a; SS15, § 2634-a; C24, 27, 31, 35, 39,
§ 3859; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 260.3]
Section History: Recent Form
85 Acts, ch 212, § 22; 86 Acts, ch 1245, § 1443; 89 Acts, ch 265,
§ 3
C93, § 272.3
2002 Acts, ch 1047, §11, 20; 2006 Acts, ch 1152, §10, 11; 2007
Acts, ch 104, §1
Confirmation, see § 2.32
272.4 TERMS OF OFFICE.
1. Members, except for the director of the department of
education, shall be appointed to serve staggered terms of four years.
A member shall not serve more than two consecutive terms, except for
the director of the department of education, who shall serve until
the director's term of office expires. A member of the board, except
for the two public members, shall hold a valid practitioner's license
during the member's term of office. A vacancy exists when any of the
following occur:
a. A nonpublic member's license expires, is suspended, or is
revoked.
b. A nonpublic member retires or terminates employment as a
practitioner.
c. A member dies, resigns, is removed from office, or is
otherwise physically unable to perform the duties of office.
d. A member's term of office expires.
2. Terms of office for regular appointments shall begin and end
as provided in section 69.19. Terms of office for members appointed
to fill vacancies shall begin on the date of appointment and end as
provided in section 69.19. Members may be removed for cause by a
state court with competent jurisdiction after notice and opportunity
for hearing. The board may remove a member for three consecutive
absences or for cause. Section History: Recent Form
89 Acts, ch 265, § 4
CS89, § 260.4
92 Acts, ch 1212, § 25
C93, § 272.4
2007 Acts, ch 22, §64
272.5 COMPENSATION OF BOARD, EXECUTIVE DIRECTOR.
Members shall be reimbursed for actual and necessary expenses
incurred while engaged in their official duties and may be entitled
to per diem compensation as authorized under section 7E.6. For
duties performed during an ordinary school day by a member who is
employed by a school corporation or state university, the member
shall also receive regular compensation from the school or
university. However, the member shall reimburse the school or
university in the amount of the per diem compensation received.
The board of educational examiners shall set the salary of the
executive director within the range established for the position by
the general assembly. Section History: Early Form
[C35, § 3872-e1; C39, § 3872.01; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, § 260.5] Section History: Recent Form
89 Acts, ch 265, § 5; 90 Acts, ch 1249, § 7
C93, § 272.5
272.6 QUALIFICATIONS FOR PRACTITIONERS. Repealed
by 2002 Acts, ch 1128, § 3.
272.7 VALIDITY OF LICENSE.
A license issued under board authority is valid for the period of
time for which it is issued, unless the license is suspended or
revoked. A license issued by the board is valid until the last day
of the practitioner's birth month in the year in which the license
expires. No permanent licenses shall be issued. A person employed
as a practitioner shall hold a valid license with an endorsement for
the type of service for which the person is employed. This section
does not limit the duties or powers of a school board to select or
discharge practitioners or to terminate practitioners' contracts. A
professional development program, except for a program offered by a
practitioner preparation institution or area education agency and
approved by the state board of education, must possess a valid
license for the types of programs offered.
The executive director of the board may grant or deny license
applications, applications for renewal of a license, and suspension
or revocation of a license. A denial of an application for a
license, the denial of an application for renewal, or a suspension or
revocation of a license may be appealed by the practitioner to the
board.
The board may issue emergency renewal or temporary,
limited-purpose licenses upon petition by a current or former
practitioner. An emergency renewal or a temporary, limited-purpose
license may be issued for a period not to exceed two years, if a
petitioner demonstrates, to the satisfaction of the board, good cause
for failure to comply with board requirements for a regular license
and provides evidence that the petitioner will comply with board
requirements within the period of the emergency or temporary license.
Under exceptional circumstances, an emergency license may be renewed
by the board for one additional year. A previously unlicensed person
is not eligible for an emergency or temporary license, except that a
student who is enrolled in a licensed practitioner preparation
program may be issued a temporary, limited-purpose license, without
payment of a fee, as part of a practicum or internship program. Section History: Early Form
[S13, § 2630-b, 2734-e; C24, 27, 31, § 3878; C35, § 3872-e3, -e4,
-e5, 3878; C39, § 3872.03, 3872.04, 3872.05, 3878; C46, 50, 54,
58, 62, 66, 71, 73, § 260.7, 260.8, 260.9, 260.17, 260.18; C75, 77,
79, § 260.7, 260.8, 260.9, 260.17; C81, § 260.7] Section History: Recent Form
89 Acts, ch 265, § 7
C93, § 272.7
94 Acts, ch 1126, §1; 2000 Acts, ch 1070, §1
272.8 LICENSE TO APPLICANTS FROM OTHER STATES OR
COUNTRIES.
The board may issue a license to an applicant from another state
or country if the applicant files evidence of the possession of the
required or equivalent requirements with the board. The executive
director of the board may, subject to board approval, enter into
reciprocity agreements with another state or country for the
licensing of practitioners on an equitable basis of mutual exchange,
when the action is in conformity with law.
Practitioner preparation and professional development programs
offered in this state by out-of-state institutions must be approved
by the board in order to fulfill requirements for licensure or
renewal of a license by an applicant. Section History: Recent Form
85 Acts, ch 217, § 1
CS85, § 260.8
89 Acts, ch 265, § 8
C93, § 272.8
272.9 CONTINUITY OF CERTIFICATES AND LICENSES.
A certificate which was issued by the board of educational
examiners to a practitioner before July 1, 1989, continues to be in
force as long as the certificate complies with the rules and statutes
in effect on July 1, 1989. Requirements for the renewal of licenses,
under this chapter, do not apply retroactively to renewal of
certificates. However, this section does not limit the duties or
powers of a school board to select or discharge practitioners or to
terminate practitioners' contracts.
A practitioner who holds a certificate issued before July 1, 1989,
shall, upon application and payment of a fee, be granted a license
which will permit the practitioner to perform the same duties and
functions as the practitioner was entitled to perform with the
certificate held at the time of application. A practitioner shall be
permitted to convert a permanent certificate to a term certificate,
after July 1, 1989, without payment of a fee.
A professional development program provided by a school district
and approved by the state board of education before July 1, 1989,
shall be permitted to continue until the term, for which the program
was approved, expires. Section History: Early Form
[C75, 77, 79, 81, § 260.9] Section History: Recent Form
83 Acts, ch 59, § 1; 86 Acts, ch 1245, § 1445; 87 Acts, ch 17, §
7; 89 Acts, ch 265, § 9
C93, § 272.9
Referred to in § 294.3
272.9A ADMINISTRATOR LICENSES.
1. Beginning July 1, 2007, requirements for administrator
licensure beyond an initial license shall include completion of a
beginning administrator mentoring and induction program provided by
the department pursuant to section 284A.5, subsection 2,{ and
demonstration of competence on the administrator standards adopted
pursuant to section 284A.3.
2. The board shall adopt rules for administrator licensure
renewal that include credit for individual administrator professional
development plans developed in accordance with section 284A.6.
3. An administrator formerly employed by an accredited nonpublic
school or formerly employed as an administrator in another state or
country is exempt from the mentoring and induction requirement under
subsection 1 if the administrator can document two years of
successful administrator experience and meet or exceed the
requirements contained in rules adopted pursuant to this chapter for
endorsement and licensure. However, if an administrator cannot
document two years of successful administrator experience when hired
by a school district, the administrator shall meet the requirements
of subsection 1. Section History: Recent Form
90 Acts, ch 1249, §8
C91, § 260.9A
C93, § 272.9A
2007 Acts, ch 108, §10 Footnotes
{The phrase "provided by the department" and the reference to
"subsection 2" may not be intended; corrective legislation is pending
272.10 FEES.
1. It is the intent of the general assembly that licensing fees
established by the board of educational examiners be sufficient to
finance the activities of the board under this chapter.
2. Licensing fees are payable to the treasurer of state and shall
be deposited with the executive director of the board. The executive
director shall deposit twenty-five percent of the fees collected
annually with the treasurer of state and the fees shall be credited
to the general fund of the state. The remaining licensing fees
collected during the fiscal year shall be retained by and are
appropriated to the board for the purposes related to the board's
duties. Notwithstanding section 8.33, licensing fees retained by and
appropriated to the board pursuant to this section that remain
unencumbered or unobligated at the close of the fiscal year shall not
revert but shall remain available for expenditure for the activities
of the board as provided in this chapter until the close of the
succeeding fiscal year.
3. The executive director shall keep an accurate and detailed
account of fees received, including fees paid to the treasurer of
state and fees retained by the board.
4. The board shall submit a detailed annual financial report by
January 1 to the chairpersons and ranking members of the joint
appropriations subcommittee on education and the legislative services
agency. Section History: Early Form
[S13, § 2634-f1; C24, 27, 31, § 3867; C35, § 3872-e6; C39, §
3872.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
260.10] Section History: Recent Form
86 Acts, ch 1245, § 1446; 89 Acts, ch 265, § 11
C93, § 272.10
2006 Acts, ch 1180, §23
272.11 EXPENDITURES AND REFUNDS.
Expenditures and refunds made by the board under this chapter
shall be certified by the executive director of the board to the
director of the department of administrative services, and if found
correct, the director of the department of administrative services
shall approve the expenditures and refunds and draw warrants upon the
treasurer of state from the funds appropriated for that purpose. Section History: Early Form
[C97, § 2631; S13, § 2634-g; C24, 27, 31, § 3868; C35, § 3872-e7,
-e8; C39, § 3872.07, 3872.08; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, § 260.11, 260.12; C81, § 260.11] Section History: Recent Form
86 Acts, ch 1245, § 1447; 89 Acts, ch 265, § 12
C93, § 272.11
2003 Acts, ch 145, §286
272.12 PARA-EDUCATOR CERTIFICATES.
The board of educational examiners shall adopt rules pursuant to
chapter 17A relating to a voluntary certification system for
para-educators. The rules shall specify rights, responsibilities,
levels, and qualifications for the certificate. Applicants shall be
disqualified for any reason specified in section 272.2, subsection
14, or in administrative rule. Notwithstanding section 272.2,
subsection 14, paragraph "b", subparagraph (2), the board may
issue a para-educator certificate to a person who is at least
eighteen years of age. A person holding a para-educator certificate
shall not perform the duties of a licensed practitioner. A
certificate issued pursuant to this chapter shall not be considered a
teacher or administrator license for any purpose specified by law,
including the purposes specified under this chapter or chapter 279.
Section History: Recent Form
98 Acts, ch 1216, §23; 2000 Acts, ch 1098, §5; 2000 Acts, ch 1223,
§31; 2002 Acts, ch 1128, §2
Referred to in § 256.7
272.13 HEARING PROCEDURES -- CONFIDENTIALITY.
Hearings before the board shall be conducted in the same manner as
contested cases under chapter 17A. The board may subpoena books,
papers, records, and any other real evidence necessary for the board
to decide whether it should institute a contested case hearing. At
the hearing the board may administer oaths and issue subpoenas to
compel the attendance of witnesses and the production of other
evidence. Subpoenas may be issued by the board to a party to a
hearing, if the party demonstrates that the evidence or witnesses'
testimony is relevant and material to the hearing. Service of
process and subpoenas for board hearings shall be conducted in
accordance with the law applicable to the service of process and
subpoenas in civil actions.
Witnesses subpoenaed to appear before the board shall be
reimbursed for mileage and necessary expenses and shall receive per
diem compensation by the board, unless the witness is an employee of
the state or a political subdivision, in which case the witness shall
receive reimbursement only for mileage and necessary expenses.
All complaint files, investigation files, other investigation
reports, and other investigative 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 relates to licensee discipline may be
disclosed to appropriate licensing authorities within this state, the
appropriate licensing authority 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 of the board in a disciplinary proceeding is a public record.
Section History: Recent Form
89 Acts, ch 265, § 13
CS89, § 260.13
C93, § 272.13
2000 Acts, ch 1199, §1
Referred to in § 272.15
272.14 APPOINTMENT OF ADMINISTRATIVE LAW JUDGES.
The board shall maintain a list of qualified persons who are
experienced in the educational system of this state to serve as
administrative law judges when a hearing is requested under section
279.24. When requested under section 279.24, the board shall submit
a list of five qualified administrative law judges to the parties.
The parties shall select one of the five qualified persons to conduct
the hearing as provided in section 279.24. The hearing shall be held
pursuant to the provisions of chapter 17A relating to contested
cases. The full costs of the hearing shall be shared equally by the
parties. Section History: Recent Form
90 Acts, ch 1249, §9
C91, § 260.14
C93, § 272.14
272.15 REPORTING REQUIREMENTS -- COMPLAINTS.
1. The board of directors of a school district or area education
agency, the superintendent of a school district or the chief
administrator of an area education agency, and the authorities in
charge of a nonpublic school shall report to the board the nonrenewal
or termination, for reasons of alleged or actual misconduct, of a
person's contract executed under sections 279.12, 279.13, 279.15
through 279.21, 279.23, and 279.24, and the resignation of a person
who holds a license, certificate, or authorization issued by the
board as a result of or following an incident or allegation of
misconduct that, if proven, would constitute a violation of the rules
adopted by the board to implement section 272.2, subsection 14,
paragraph "b", subparagraph (1), when the board or reporting
official has a good faith belief that the incident occurred or the
allegation is true. Information reported to the board in accordance
with this section is privileged and confidential, and except as
provided in section 272.13, is not subject to discovery, subpoena, or
other means of legal compulsion for its release to a person other
than the respondent and the board and its employees and agents
involved in licensee discipline, and is not admissible in evidence in
a judicial or administrative proceeding other than the proceeding
involving licensee discipline. The board shall review the
information reported to determine whether a complaint should be
initiated. In making that determination, the board shall consider
the factors enumerated in section 272.2, subsection 14, paragraph
"a". For purposes of this section, unless the context otherwise
requires, "misconduct" means an action disqualifying an applicant
for a license or causing the license of a person to be revoked or
suspended in accordance with the rules adopted by the board to
implement section 272.2, subsection 14, paragraph "b",
subparagraph (1).
2. If, in the course of performing official duties, an employee
of the department becomes aware of any alleged misconduct by an
individual licensed under this chapter, the employee shall report the
alleged misconduct to the board of educational examiners under rules
adopted pursuant to subsection 1.
3. If the executive director of the board verifies through a
review of official records that a teacher who holds a practitioner's
license under this chapter is assigned instructional duties for which
the teacher does not hold the appropriate license or endorsement,
either by grade level or subject area, by a school district or
accredited nonpublic school, the executive director may initiate a
complaint against the teacher and the administrator responsible for
the inappropriate assignment of instructional duties. Section History: Recent Form
2003 Acts, ch 180, §16; 2007 Acts, ch 214, §33
Referred to in § 256.9
272.16 THROUGH 272.19 Reserved.
272.20 NATIONAL CERTIFICATION.
The board of educational examiners shall review the standards for
teacher's certificates adopted by the national board for professional
teaching standards, a nonprofit corporation created as a result of
recommendations of the task force on teaching as a profession of the
Carnegie forum on education and the economy. In those cases in which
the standards required by the national board for an Iowa endorsement
or license meet or exceed the requirements contained in rules adopted
under this chapter for that endorsement or license, the board of
educational examiners shall issue endorsements or licenses to holders
of certificates issued by the national board who request the
endorsement or license. Section History: Recent Form
91 Acts, ch 51, §1
CS91, § 260.20
C93, § 272.20
272.21 THROUGH 272.24 Reserved.
272.25 RULES FOR PRACTITIONER PREPARATION PROGRAMS.
Not later than January 1, 1991, the state board of education shall
adopt rules pursuant to chapter 17A to implement the following for
approved practitioner preparation programs:
1. A requirement that each student admitted to an approved
practitioner preparation program must participate in field
experiences that include both observation and participation in
teaching activities in a variety of school settings. These field
experiences shall comprise a total of at least fifty hours in
duration, at least ten hours of which shall occur prior to a
student's acceptance in an approved practitioner preparation program.
The student teaching experience shall be a minimum of twelve weeks in
duration during the student's final year of the practitioner
preparation program.
2. A requirement that faculty members in professional education
maintain an ongoing involvement in activities in elementary, middle,
or secondary schools. The activities shall include at least forty
hours of team teaching during a period not exceeding five years in
duration at the elementary, middle, or secondary level.
3. A requirement that the program include instruction in skills
and strategies to be used in classroom management of individuals, and
of small and large groups, under varying conditions; skills for
communicating and working constructively with pupils, teachers,
administrators, and parents; and skills for understanding the role of
the board of education and the functions of other education agencies
in the state. The requirement shall be based upon recommendations of
the department of education after consultation with teacher education
faculty members in colleges and universities.
4. A requirement that prescribes minimum experiences and
responsibilities to be accomplished during the student teaching
experience by the student teacher and by the cooperating teacher
based upon recommendations of the department of education after
consultation with teacher education faculty members in colleges and
universities. The student teaching experience shall include
opportunities for the student teacher to become knowledgeable about
the Iowa teaching standards, including a mock evaluation performed by
the cooperating teacher. The mock evaluation shall not be used as an
assessment tool by the practitioner preparation program. The student
teaching experience shall consist of interactive experiences
involving the college or university personnel, the student teacher,
the cooperating teacher, and administrative personnel from the
cooperating teacher's school district.
5. A requirement that each approved practitioner preparation or
professional development institution annually offer a workshop of at
least one day in duration for prospective cooperating teachers. The
workshop shall define the objectives of the student teaching
experience, review the responsibilities of the cooperating teacher,
and provide the cooperating teacher other information and assistance
the institution deems necessary.
6. A requirement that practitioner preparation students receive
instruction in the use of electronic technology for classroom and
instructional purposes.
7. A requirement that approved practitioner preparation
institutions annually solicit the views of the education community
regarding the institution's practitioner preparation programs.
8. A requirement that an approved practitioner preparation
institution submit evidence that the college or department of
education is communicating with other colleges or departments in the
institution so that practitioner preparation students may integrate
teaching methodology with subject matter areas of specialization.
9. A requirement that an approved practitioner preparation
program submit evidence that the evaluation of the performance of a
student teacher is a cooperative process that involves both the
faculty member supervising the student teacher and the cooperating
teacher. The rules shall require that each institution develop a
written evaluation procedure for use by the cooperating teacher and a
form for evaluating student teachers, and require that a copy of the
completed form be included in the student teacher's permanent record.
Section History: Recent Form
88 Acts, ch 1266, § 3
C89, § 260.25
89 Acts, ch 265, § 14
C93, § 272.25
99 Acts, ch 191, §2; 2003 Acts, ch 180, §17
272.26 Reserved.
272.27 STUDENT TEACHING AND OTHER EDUCATIONAL
EXPERIENCES.
If the rules adopted by the board of educational examiners for
issuance of any type or class of license require an applicant to
complete work in student teaching, pre-student teaching experiences,
field experiences, practicums, clinicals, or internships, an
institution with a practitioner preparation program approved by the
state board of education under section 256.7, subsection 3, shall
enter into a written contract with any school district, accredited
nonpublic school, preschool registered or licensed by the department
of human services, or area education agency in Iowa under terms and
conditions as agreed upon by the contracting parties. The terms and
conditions of a written contract entered into with a preschool
pursuant to this section shall provide that a student teacher be
under the direct supervision of an appropriately licensed cooperating
teacher who is employed to teach at the preschool. Students actually
teaching or engaged in preservice licensure activities in a school
district under the terms of such a contract are entitled to the same
protection, under section 670.8, as is afforded by that section to
officers and employees of the school district, during the time they
are so assigned. Section History: Recent Form
90 Acts, ch 1249, §10
C91, § 260.27
C93, § 272.27
2007 Acts, ch 215, §101
272.28 MENTORING AND INDUCTION REQUIREMENT.
1. Effective July 1, 2003, requirements for teacher licensure
beyond an initial license shall include successful completion of a
beginning teacher mentoring and induction program approved by the
state board of education.
2. A teacher from an accredited nonpublic school or another state
or country is exempt from the requirement of subsection 1 if the
teacher can document three years of successful teaching experience
and meet or exceed the requirements contained in rules adopted under
this chapter for endorsement and licensure. Section History: Recent Form
2001 Acts, ch 161, §17; 2003 Acts, ch 180, §18
Referred to in § 272.2
272.29 ANNUAL ADMINISTRATIVE RULES REVIEW.
The executive director shall annually review the administrative
rules adopted pursuant to this chapter and related state laws. The
executive director shall submit the executive director's findings and
recommendations in a report every three years to the board and the
chairpersons and ranking members of the senate and house standing
committees on education and the joint appropriations subcommittee on
education by January 15. Section History: Recent Form
2005 Acts, ch 169, §28; 2006 Acts, ch 1152, §12
272.30 Reserved.
272.31 COACHING AUTHORIZATION.
1. The minimum requirements for the board to award a coaching
authorization to an applicant are:
a. Successful completion of one semester credit hour or ten
contact hours in a course relating to knowledge and understanding of
the structure and function of the human body in relation to physical
activity.
b. Successful completion of one semester credit hour or ten
contact hours in a course relating to knowledge and understanding of
human growth and development of children and youth in relation to
physical activity.
c. Successful completion of two semester credit hours or
twenty contact hours in a course relating to knowledge and
understanding of the prevention and care of athletic injuries and
medical and safety problems relating to physical activity.
d. Successful completion of one semester credit hour or ten
contact hours relating to knowledge and understanding of the
techniques and theory of coaching interscholastic athletics.
e. Attainment of at least eighteen years of age.
2. The board of educational examiners shall adopt rules under
chapter 17A for coaching authorizations including, but not limited
to, approval of courses, validity and expiration, fees, and
suspension and revocation of authorizations. The state board of
education shall work with institutions of higher education, private
colleges and universities, community colleges, and area education
agencies to ensure that the courses required under subsection 1 are
offered throughout the state at convenient times and at a reasonable
cost. Section History: Recent Form
84 Acts, ch 1296, § 3
C85, § 260.31
86 Acts, ch 1245, § 1452; 89 Acts, ch 265, § 15, 16; 90 Acts, ch
1249, § 11
C93, § 272.31
97 Acts, ch 32, §1
Referred to in § 232.69, 272.2
272.32 Reserved.
272.33 EVALUATOR LICENSE. Repealed by 2001 Acts,
ch 161, § 21; 2002 Acts, ch 1152, § 21.
272.34 ELEMENTARY LICENSES. Repealed by 94 Acts,
ch 1126, §2.