ARC 5212C

ARC 5212C

EDUCATIONAL EXAMINERS BOARD[282]

Notice of Intended Action

Proposing rule making related to endorsements and authorizations

and providing an opportunity for public comment

The Educational Examiners Board hereby proposes to amend 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 proposed 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

The proposed 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.

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.

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 Board no later than 4:30 p.m. on October 30, 2020. Comments should be directed to:

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held as follows:

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 Board 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 282—13.28(272) as follows:

282—13.28(272) Minimum content requirements for teaching endorsements.

13.28(1) to 13.28(6) No change.

13.28(7) Foreign World language. K-8 and 5-12. Completion of 24 semester hours in each foreign world language for which endorsement is sought.

13.28(8) to 13.28(17) No change.

13.28(18) Social sciences.

a. to k. No change.

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) to 13.28(24) No change.

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) to 13.28(29) No change.

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) to 13.28(35) No change.

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) No change.

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:

●Students from diverse ethnic, racial and socioeconomic backgrounds.

●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.

●Students who are struggling with literacy, including those with dyslexia.

●Students who are gifted and talented.

●English language learners.

●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.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).

5.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).

6.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).

7.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).

8.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.

9.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. No change.

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 of candidates 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 equivalent master'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 requirements of 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 education and 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. Rescind rule 282—22.12(272) and adopt the following new rule in lieu thereof:

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.

23.1(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" or282—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).