272.2 - BOARD OF EXAMINERS CREATED.
272.2 BOARD OF EXAMINERS CREATED.
The board of educational examiners is created to exercise the
exclusive authority to:
1. a. License practitioners, which includes the authority to
establish criteria for the licenses; establish issuance and renewal
requirements; create application and renewal forms; create licenses
that authorize different instructional functions or specialties;
develop 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,
including but not limited to athletic trainers licensed under chapter
152D.
11. Make recommendations to the state board of education
concerning standards for the approval of professional development
programs.
12. 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.121 available to the general public, the central registry for
child abuse information established under chapter 235A, and the
dependent adult abuse records maintained under chapter 235B for
information regarding applicants for license renewal.
18. May adopt rules for practitioners who are not eligible for a
statement of professional recognition under subsection 10, but have
received a baccalaureate degree and provide a service to students at
any or all levels from prekindergarten through grade twelve for a
school district, accredited nonpublic school, area education agency,
or preschool program established pursuant to chapter 256C. 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; 2008 Acts, ch 1008, §2; 2009 Acts, ch 119, §39; 2009 Acts,
ch 177, §32, 33
Referred to in § 232.69, 235B.16, 261E.3, 272.12, 272.15, 279.43