§ 256.146 — Board of examiners created

Iowa § 256.146

• Jurisdiction: Iowa
• Title VII: EDUCATION, HISTORY, AND CULTURE
• Ch. 256: DEPARTMENT OF EDUCATION

Text

The board is created within the higher education division of the department of education
to exercise the exclusive authority to:
1. a. License practitioners, which includes the authority to do all of the following:
(1) Establish criteria for the licenses.
(2) Establish issuance and renewal requirements, provided that a continuing education
requirement may be completed by electronic means, and there shall be no renewal
requirement for a practitioner who has been employed as a practitioner for at least ten years
and who possesses a master’s or doctoral degree, unless the practitioner holds an evaluator
approval endorsement, which must be renewed at least once every ten years.
(3) Create application and renewal forms.
(4) Create licenses that authorize different instructional functions or specialties.
(5) Develop a code of professional rights and responsibilities, practices, and ethics, which
shall, among other things, address all of the following:
(a) The failure of a practitioner to fulfill contractual obligations under section 279.13.
In addressing the failure of a practitioner to fulfill contractual obligations, the board shall
consider factors beyond the practitioner’s control.
(b) The failure of an administrator to protect the safety of staff and students.
(c) The failure of an administrator to meet mandatory reporter obligations.
(d) The refusal of a practitioner to implement provisions of an individualized education
program or behavioral intervention plan.
(e) Habitual nonparticipation in professional development.
(f) The development of any other classifications, distinctions, and procedures which may
be necessary to exercise licensing duties.
b. Provide annually to any person who holds a license, certificate, authorization, or
statement of recognition issued by the board, training relating to the knowledge and
understanding of the board’s code of professional conduct and ethics. The board shall
develop a curriculum that addresses the code of professional conduct and ethics and shall
annually provide regional training opportunities throughout the state.
c. Rules adopted pursuant to this subsection establishing licensure renewal requirements
shall provide that up to half of the units needed for licensure renewal may be earned upon
the successful completion of an individualized professional development plan as verified by
the supervising licensed evaluator, or by successful completion of professional development
courses or programs offered by a professional development program licensed by the board,

or by a practitioner preparation institution or area education agency approved by the state
board of education.
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
otherdisciplinaryactionagainstapractitionerorprofessionaldevelopmentprogramlicensed
by the board. 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 part.
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. Hear appeals regarding application, renewal, suspension, or revocation of a license.
Board action is final agency action for purposes of chapter 17A.
8. Establish standards for the determination of whether an applicant is qualified to
perform the duties required for a given license.
9. Issue statements of professional recognition to school service personnel who have
attained a minimum of a baccalaureate degree and who are licensed by another professional
licensing board, including but not limited to athletic trainers licensed under chapter 152D.
10. Make recommendations to the state board of education concerning standards for the
approval of professional development programs.
11. Adopt, under chapter 17A, rules necessary to carry out board duties, and establish a
budget request.
12. Adopt rules to provide for nontraditional preparation options for licensing persons
who hold a bachelor’s degree or higher from an accredited or state-approved college or
university, who do not meet other requirements for licensure. The rules shall, at a minimum,
require the board to do all of the following:
a. Issueateacherinternlicensetoanapplicantwhohasenrolledinaprogramestablished
pursuant to section 256.16, subsection 1, paragraph “m”.
b. Allow a licensee who has attained a teacher intern license pursuant to paragraph “a”
to apply for an initial teaching license if the school that employed the licensee during the
licensee’s completion of the program established pursuant to section 256.16, subsection 1,
paragraph “m”, and the higher education institution that operated the program recommend
that the licensee be allowed to apply for an initial teaching license.
13. 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 an
offense and the offense directly relates to the duties and responsibilities of the profession
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 offense in relation to the position sought,
the time elapsed since the offense was committed, the degree of rehabilitation which has
taken place since the incidence of founded abuse or the commission of the offense, the
likelihood that the person will commit the same abuse or offense again, and the number of
founded abuses committed by or criminal convictions of the person involved.
b. Notwithstanding paragraph “a”, the rules shall require the board to disqualify an
applicant for a license or to revoke the license of a person for any of the following reasons:
(1) The person entered a plea of guilty to, or has been found guilty of, any of the following
offenses, whether or not a sentence is imposed:

(a) Any of the following forcible felonies included in section 702.11: child
endangerment, assault, murder, sexual abuse, or kidnapping.
(b) Any of the following sexual abuse offenses, as provided in chapter 709, involving a
child:
(i) First, second, orthirddegreesexualabusecommittedonorwithapersonwhoisunder
the age of eighteen years.
(ii) Lascivious acts with a child.
(iii) Assault with intent to commit sexual abuse.
(iv) Indecent contact with a child.
(v) Sexual exploitation by a counselor.
(vi) Lascivious conduct with a minor.
(vii) Sexual exploitation by a school employee.
(c) Enticing a minor under section 710.10.
(d) Human trafficking under section 710A.2.
(e) Incest involving a child under section 726.2.
(f) Dissemination and exhibition of obscene material to minors under section 728.2.
(g) Telephone dissemination of obscene material to minors under section 728.15.
(h) Any offense specified in the laws of another jurisdiction, or any offense that may be
prosecuted in federal, military, or foreign court, that is comparable to an offense listed in this
subparagraph (1).
(i) Any offense under prior laws of this state or another jurisdiction, or any offense under
prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an
offense listed in this subparagraph (1).
(2) The applicant’s application is fraudulent.
(3) The applicant’s license or certification from another state is suspended or revoked.
(4) 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 part shall demonstrate that the
requirements of the license or certificate have been met and the burden of proof shall be
on the applicant. However, if the executive director of the board receives notice from the
director of the department under section 256.9, subsection 17, that an error in the basic
education data survey submission resulted in an incorrect determination relating to licensure
of a practitioner, the executive director shall initiate corrective action with the board and the
findings of the director of the department shall be sufficient evidence to correct such error.
e. 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 the person knowingly and intentionally
discriminated against a student in violation of section 261H.2, subsection 3, or section 279.73.
14. a. 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 or unless the conduct constitutes conduct described in section 256.160, subsection
1, paragraph “a”, subparagraph (1), subparagraph division (a), require complaints to be
resolved within one hundred eighty days unless good cause can be shown for an extension
of this limitation, and require the board to finalize the investigation of the written complaint

even if the licensed practitioner resigns or surrenders the licensed practitioner’s license,
certificate, authorization, or statement of recognition during the investigation.
b. Adoptrulesthatrequirethecollectionandretentionofwrittencomplaintsthatarefiled.
If the board determines a written complaint is not founded, the complaint and all records
related to the complaint shall be kept confidential and are not subject to chapter 22.
c. Adopt rules that require the board to notify the public when a licensed practitioner who
is the subject of an ongoing investigation initiated under paragraph “a” has a case pending
with a finding of probable cause. This paragraph shall not be construed to require the board
to disclose unfounded, closed investigations initiated under paragraph “a”.
d. Adoptrulesthatrequiretheevaluationofcomplaintsthatdidnotresultinanydiscipline
or sanction if similar complaints are filed against the same licensed practitioner.
e. Adopt rules that require the board to investigate an administrator who is employed
by the school that employs a licensed practitioner who is the subject of an investigation
initiated under paragraph “a”. The rules shall require the board to investigate whether
the administrator filed a written complaint pursuant to this subsection and whether the
administrator was required to report to the board pursuant to section 256.160.
15. Adopt criteria for administrative endorsements that allow a person to achieve the
endorsementauthorizingthepersontoserveasanelementaryorsecondaryprincipalwithout
regard to the grade level at which the person accrued teaching experience.
16. 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, information in the Iowa court information
system 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 and, every five years,
for practitioners who are not subject to renewal requirements pursuant to subsection 1,
paragraph “a”, subparagraph (2). The board may charge such a practitioner who is not
subject to renewal requirements a reasonable fee for the review of the sex offender registry
information, information in the Iowa court information system, the central registry for child
abuse information, and the dependent adult abuse records.
17. May adopt rules for practitioners who are not eligible for a statement of professional
recognition under subsection 9, but have received a baccalaureate degree and provide a
service to students at any or all levels from prekindergarten through grade twelve for a
school district, accredited nonpublic school, area education agency, or preschool program
established pursuant to chapter 256C.
18. Adopt rules to provide in the board’s code of professional conduct and ethics
that any licensee of the board, who commits or solicits any sexual conduct as defined in
section 709.15, subsection 3, paragraph “a”, subparagraph (2), or solicits, encourages,
or consummates a romantic relationship with any individual who was a student within
ninety days prior to any such conduct alleged in a complaint initiated with the board, if the
licensee taught the individual or supervised the individual in any school activity when the
individual was a student, engages in unprofessional and unethical conduct that may result
in disciplinary action by the board.
19. Adoptrulespursuanttochapter17Aestablishingendorsementsandauthorizationsfor
computerscienceinstruction,includingtraditionalandnontraditionalpathwaysforobtaining
such endorsements or authorizations.
20. Adopt rules under chapter 17A to prohibit the suspension or revocation of a license
issued by the board to a person who is in default or is delinquent on repayment or a service
obligation under federal or state postsecondary educational loans or public or private
services-conditional postsecondary tuition assistance solely on the basis of such default or
delinquency.
21. By July 1, 2021, adopt rules pursuant to chapter 17A, developed in collaboration with
the Iowa reading research center, establishing an advanced dyslexia specialist endorsement.

The endorsement shall require a strong understanding of structured literacy instruction;
the neurobiological nature, cognitive-linguistic correlates, developmental indicators,
compensatory behaviors, potential psychological factors, and co-occurring disorders of
dyslexia; demonstrated skill in administering informal and formal assessments related
to dyslexia; demonstrated skill in delivery of explicit, systematic literacy intervention;
demonstrated skill in developing and supporting services for students with characteristics
of dyslexia including those who are eligible for services under chapter 256B or section 504
of the federal Rehabilitation Act of 1973, 29 U.S.C. §794, as amended; demonstrated skill
in the design and implementation of accommodations and modifications; demonstrated
competence in creating a dyslexia-friendly learning environment; and demonstrated skill
in the use and integration of assistive technology. This endorsement shall, at a minimum,
require three years of prior teaching experience and completion of a supervised practical
experience.
22. Establish, collect, and refund fees from an administrator for the administrative costs
of processing complaints and conducting hearings if the administrator is the respondent in a
complaint for violation of the code of professional conduct and ethics, developed pursuant to
subsection 1, for which final board action results in a sanction against the administrator.
23. By August 1, 2021, adopt rules pursuant to chapter 17A establishing a statement of
professional recognition for behavior analysts licensed under chapter 154D.
24. By January 1, 2022, adopt rules pursuant to chapter 17A establishing a statement of
professional recognition for mental health professionals as defined in section 228.1. The
rules shall require that any mental health professional who provides mental health services
to students for a school obtain such a statement unless a professional service license
or endorsement relating to mental health services has been issued to the mental health
professional by the board.
25. a. (1) Develop and implement a process for the reporting and investigation of
any incident that arises that may reasonably lead to the conclusion that any individual
who is employed by the board of directors of a school district, the authorities in charge
of an accredited nonpublic school, or the governing board of a charter school, including
an individual with a license, endorsement, certification, authorization, or statement of
recognition issued by the board of educational examiners, has committed a felony or, in the
case of an individual with a license, endorsement, certification, authorization, or statement
of recognition issued by the board of educational examiners, has engaged in conduct
described in section 256.160, subsection 1, paragraph “a”, subparagraph (1).
(2) The process must require the board of educational examiners to assign a unique
identifier to each incident that is reported. The board of educational examiners shall provide
the unique identifier to the person who reported the incident and to the employee who is the
subject of the incident, and the unique identifier must be able to be used to search the board
of educational examiners’ internet site to determine the current status of the investigation of
the incident, including the date of the most recently taken action. The board of educational
examiners shall ensure that the portion of the internet site displaying such information is
only accessible by the person who reported the incident, the employee who is the subject of
the incident, and the board of educational examiners and its employees and agents.
b. The process shall prohibit the board of directors of a school district, the authorities in
charge of an accredited nonpublic school, and the governing board of a charter school from
entering into any of the following:
(1) A written or oral agreement that prohibits the board of directors of the school district,
the authorities in charge of an accredited nonpublic school, the governing board of a charter
school, an employee of the school district, the accredited nonpublic school, or the charter
school, or a contractor of the school district, the accredited nonpublic school, or the charter
school from discussing an incident, past performance or actions, past allegations leading to
discipline or adverse employment action, or employee resignation with any governmental
agent, governmental officer, or any potential employer.
(2) A written or oral agreement that waives the liability of an individual with a license,
endorsement, certification, authorization, or statement of recognition issued by the board of

educational examiners related to or arising from an incident, past performance or action, or
past allegations of wrongdoing.
c. (1) The process shall require the board of directors of a school district, the authorities
in charge of an accredited nonpublic school, and the governing board of a charter school to
provide all documentation and information related to the incident to the board of educational
examiners for investigation if the employee who is the subject of the incident and who has
a license, endorsement, certification, authorization, or statement of recognition issued by
the board of educational examiners resigns or the employee’s contract is terminated during
the school district’s, accredited nonpublic school’s, or charter school’s investigation of the
incident.
(2) The process shall require the board of directors of a school district, the authorities
in charge of an accredited nonpublic school, and the governing board of a charter school to
finalizetheinvestigationoftheincidenteveniftheemployeewhoisthesubjectoftheincident
and who does not have a license, endorsement, certification, authorization, or statement of
recognition issued by the board of educational examiners resigns or the employee’s contract
is terminated during the school district’s, accredited nonpublic school’s, or charter school’s
investigation of the incident.
d. The process shall require that, prior to hiring an applicant for any position, the board
of directors of a school district, the authorities in charge of an accredited nonpublic school,
and the governing board of a charter school must conduct a review of the applicant’s
employment history, including by contacting the applicant’s previous employers listed on
the application for employment and by viewing the board of educational examiners’ public
license information to determine if the applicant has a case pending with a finding of
probable cause or any licensure sanction.
e. The process shall require the board of directors of a school district, the authorities in
charge of an accredited nonpublic school, and the governing board of a charter school to
maintain on forms prescribed by the board of educational examiners reference information
related to all employees of the school district, accredited nonpublic school, or charter school,
and respond to any request for such information from a potential employer. This paragraph
shall not be construed to require the board of directors of a school district, the authorities
in charge of an accredited nonpublic school, or the governing board of a charter school to
disclose unfounded, closed investigations. The board of directors of a school district, the
authorities in charge of an accredited nonpublic school, or the governing board of a charter
school shall be immune from any criminal or civil liability arising from the disclosure of
referenceinformationunderthisparagraphiftheschooldistrict,accreditednonpublicschool,
or charter school does not knowingly disclose false information.
f. The board of directors of a school district, the authorities in charge of an accredited
nonpublic school, or the governing board of a charter school, and contractors of the school
district, the accredited nonpublic school, or the charter school shall be immune from
any civil liability arising from discussing an incident, past performance or actions, past
allegations leading to discipline or adverse employment action, or employee resignation
with any governmental agent, governmental officer, or any potential employer.
g. If, after investigation, the board of educational examiners determines that the board
of directors of a school district, the authorities in charge of an accredited nonpublic
school, or the governing board of a charter school has intentionally failed to follow the
process established by this subsection regarding an incident, or the reporting requirements
established pursuant to section 256.160, related to an employee who holds a license,
endorsement, certification, authorization, or statement of recognition issued by the board
of educational examiners, any administrator of the school district, the accredited nonpublic
school, or the charter school who intentionally failed to ensure compliance with the process
shall be subject to a hearing conducted by the board of educational examiners.
h. If, after investigation, the board of educational examiners determines that the board
of directors of a school district, the authorities in charge of an accredited nonpublic school,
or the governing board of a charter school has intentionally failed to follow the process
established by this subsection regarding an incident related to an employee who does not
hold a license, endorsement, certification, authorization, or statement of recognition issued

bytheboardofeducationalexaminers, anyadministratoroftheschooldistrict, theaccredited
nonpublic school, or the charter school who intentionally failed to ensure compliance with
the process shall be subject to a hearing conducted by the board of educational examiners.
i. If, after investigation, the board of educational examiners determines that the board of
directors of a school district, the authorities in charge of an accredited nonpublic school, or
the governing board of a charter school has intentionally concealed, or attempted to conceal
from any governmental agent, governmental officer, or potential employer a founded
incident, or any conduct required to be reported pursuant to section 256.160, related to an
employee who holds a license, endorsement, certification, authorization, or statement of
recognition issued by the board of educational examiners, any administrator of the school
district, the accredited nonpublic school, or the charter school who intentionally assisted in
the concealment, or attempted concealment, of an incident, or any conduct required to be
reported pursuant to section 256.160, shall be subject to a hearing conducted by the board
of educational examiners.
j. If, after investigation, the board of educational examiners finds that the board of
directors of a school district, the authorities in charge of an accredited nonpublic school, or
the governing board of a charter school has intentionally concealed, or attempted to conceal
from any governmental agent, governmental officer, or potential employer a founded
incident related to an employee who does not hold a license, endorsement, certification,
authorization, or statement of recognition issued by the board of educational examiners, any
administrator of the school district, the accredited nonpublic school, or the charter school
who intentionally assisted in the concealment, or attempted concealment, of an incident
shall be subject to a hearing conducted by the board of educational examiners.
k. (1) Annually, on or before June 30 of each year, the board of educational examiners
shall submit to the general assembly a report that contains information related to all of the
following:
(a) The number and types of disciplinary hearings before the board of educational
examiners.
(b) Any trends in the number or types of disciplinary hearings before the board of
educational examiners.
(c) The number of board of educational examiners investigations of the employees
of school districts, accredited nonpublic schools, or charter schools who do not hold a
license, endorsement, certification, authorization, or statement of recognition issued by the
board of educational examiners, that the board of educational examiners referred to a law
enforcement agency.
(d) Any other information deemed relevant by the board of educational examiners
in order to inform the general assembly of the status of the enforcement of the board of
educational examiners’ rules.
(2) The report shall not include any personally identifiable information related to
investigations referred to a law enforcement agency.
26. Adopt rules pursuant to chapter 17A that allow an individual seeking a career
and technical secondary authorization to apply, and, if eligible, be issued the secondary
authorization prior to accepting an offer of employment with a school.
27. BySeptember1, 2024, adoptrulespursuanttochapter17Aestablishingendorsements
for instruction related to career and technical fields in schools providing instruction to
students enrolled in prekindergarten through grade twelve, including but not limited to
business, agriculture, industrial technology, consumer science, and information technology.

Legislative History

[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]