ARC 5321C

ARC 5321C

EDUCATIONAL EXAMINERS BOARD[282]

Adopted and Filed

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

The Educational Examiners Board hereby amends Chapter 13, "Issuance of Teacher Licenses and Endorsements," Chapter 18, "Issuance of Administrator Licenses and Endorsements," Chapter 22, "Authorizations," and Chapter 27, "Issuance of Professional Service Licenses," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 272.2.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 272.2 and 2020 Iowa Acts, House File 2627.

Purpose and Summary

2020 Iowa Acts, House File 2627, directs the Board to update language for granting licensure to out-of-state applicants under certain conditions. These amendments implement those changes throughout the Board's rules.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 7, 2020, as ARC 5216C. A public hearing was held on October 28, 2020, at 1 p.m.in the Board Room, 701 East Court Avenue, Suite A, Des Moines, Iowa. No one attended the public hearing.

The Board received public comments in support of the changes from Western Governors University, the Urban Education Network of Iowa, and the Rural School Advocates of Iowa. In response to public comment received, the Board added language allowing holders of an Iowa regional exchange license issued prior to January 1, 2021, to apply for a new evaluation if the requirements of the rule would have been met at the time of their initial application.

Adoption of Rule Making

This rule making was adopted by the Board on November 18, 2020.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rule making will become effective on January 20, 2021.

The following rule-making actions are adopted:

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

282—13.5(272) Teacher licenses. A license may be issued to an applicant who fulfills the general requirements set out in subrule 13.5(1) and the specific requirements set out for each license.

13.5(1) No change.

13.5(2) Applicants from non-Iowa institutions.

a. to e. No change.

f. An applicant under this subrule or subrule 13.5(3) shall be granted an Iowa teaching license and will not be subject to additional assessments or coursework deficiencies if the following additional requirements have been met:

(1)Verification of Iowa residency, or, for military spouses, verification of a permanent change of military installation.

(2)Valid or expired regular teaching certificate or license in good standing from another state without pending disciplinary action, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement.

(3)Passing test scores for the required assessments for the state where the teaching license was issued.

g. Holders of an Iowa regional exchange license issued prior to January 1, 2021, may submit a new application if the requirements in this subrule would have been met at the time of their initial application.

13.5(3) Applicants from foreign institutions. An applicant for initial licensure whose preparation was completed in a foreign institution must additionally obtain a course-by-course credential evaluation report completed by one of the board-approved credential evaluation services and then file this report with the Iowa board of educational examiners for a determination of eligibility for licensure. After receiving the notification of eligibility by the Iowa board of educational examiners, the applicant must provide verification of successfully passing the Iowa-mandated assessment(s) by meeting the minimum score set by the Iowa department of education pursuant to subparagraph 13.5(2)"b"(2).

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

Item 3. Amend subrule 13.16(1) as follows:

13.16(1) Substitute teacher requirements. A substitute teacher's license may be issued to an individual who provides verification of successfully passing the Iowa-mandated assessment(s) by meeting the minimum score set by the Iowa department of education if the teacher preparation program was completed on or after January 1, 2013, and who:

a. Has has completed a traditional teacher preparation program and been the holder of, or presently holds, or is eligible to hold, a license in Iowa; or.

b. Holds a valid or expired teaching certificate based on a nontraditional teacher preparation program, is able to verify three years of teaching experience, and provides passing scores on tests mandated by the state that issued the certificate. The license issued will contain a disclaimer stating that the holder of this license may not be eligible for full Iowa teaching licensure.

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

282—18.6(272) Specific requirements for an administrator prepared out of state. An applicant seeking Iowa licensure who completes an administrator preparation program from a recognized non-Iowa institution shall verify the requirements of rules 282—18.1(272) and 282—18.4(272) through traditional course-based preparation program and transcript review. A recognized non-Iowa administrator preparation institution is one that is state-approved and is accredited by the regional accrediting agency for the territory in which the institution is located. Applicants must hold and submit a copy of a valid or expired regular administrator certificate or license in the another state in which the preparation was completed, exclusive of a temporary, emergency or substitute license or certificate.

18.6(1) and 18.6(2) No change.

18.6(3) License without deficiencies. An applicant under this rule shall be granted an Iowa administrator license and will not be subject to coursework deficiencies if the following additional requirements have been met:

a. Verification of Iowa residency, or, for military spouses, verification of a permanent change of military installation.

b. Valid or expired administrator certificate or license in good standing without pending disciplinary action from another state, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement.

18.6(4) Holders of an Iowa administrator exchange license issued prior to January 1, 2021, may submit a new application if the requirements in this rule would have been met at the time of their initial application.

Item 5. Adopt the following new paragraph 22.1(2)"d":

d. License without deficiencies. Applicants who hold a coaching license, certificate, or authorization from at least one other issuing jurisdiction in another state will not be subject to additional coursework if the following requirements have been met:

(1)Verification of Iowa residency in the state of Iowa, or, for military spouses, verification of a permanent change of military installation.

(2)Valid or expired equivalent license in good standing from another state without pending disciplinary action, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate.

Item 6. Adopt the following new subrule 27.2(4):

27.2(4) Professional service exchange license.

a. For an applicant applying under rule 282—27.1(272), a two-year nonrenewable exchange license may be issued to the applicant if the applicant has met at least 75 percent of the minimum coursework requirements for licensure but has some coursework deficiencies. At any time during the term of the exchange license, the applicant may apply to be fully licensed if the applicant has completed all requirements and is eligible for full licensure.

b. An applicant under this section shall be granted an Iowa professional service license and will not be subject to coursework deficiencies if the following additional requirements have been met:

(1)Verification of Iowa residency, or, for military spouses, verification of a permanent change of military installation.

(2)Valid or expired equivalent license in good standing from another state without pending disciplinary action, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement.

Item 7. Adopt the following new subrule 27.2(5):

27.2(5) Class G license. A nonrenewable Class G license valid for one year may be issued to an individual who must complete a school counseling practicum or internship in an approved program in preparation for the professional school counselor endorsement. The Class G license may be issued under the following limited conditions:

a. Verification of a baccalaureate degree from a regionally accredited institution.

b. Verification from the institution that the individual is admitted and enrolled in a school counseling program.

c. Verification that the individual has completed the coursework and competencies required prior to the practicum or internship.

d. Written documentation of the requirements listed in paragraphs 27.2(5)"a" to "c," provided by the official at the institution where the individual is completing the approved school counseling program and forwarded to the Iowa board of educational examiners with the application form for licensure.

[Filed 11/19/20, effective 1/20/21]

[Published 12/16/20]

Editor's Note: For replacement pages for IAC, see IAC Supplement 12/16/20.