ARC 6468C

ARC 6468C

EDUCATIONAL EXAMINERS BOARD[282]

Adopted and Filed

Rule making related to paraeducator substitute authorization

The Educational Examiners Board hereby amends Chapter 24, "Paraeducator Certificates," 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.

Purpose and Summary

This amendment allows the Director of the Board to grant permission for a paraeducator to serve as a substitute teacher outside of the paraeducator's assigned special education classroom based on documented need.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 9, 2022, as ARC 6228C. This rule making was also adopted and filed emergency and published in the Iowa Administrative Bulletin as ARC 6229C on the same date.

A public hearing was held on March 29, 2022, at 11 a.m. in the Board of Educational Examiners Board Room, 701 East Court Avenue, Suite A, Des Moines, Iowa. No one attended the public hearing. Two written comments were received, and three comments were made during the special rule review at the July 19, 2022, Administrative Rules Review Committee meeting.

One change from the Notice has been made. Additional language proposed by the commenters and included in 2022 Iowa Acts, House File 2493, has been added to the subrule.

Adoption of Rule Making

This rule making was adopted by the Board on August 3, 2022.

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 September 28, 2022, at which time the Adopted and Filed Emergency rule making is hereby rescinded.

The following rule-making action is adopted:

Amend subrule 24.4(9) as follows:

24.4(9) Paraeducator substitute authorization. An individual who holds a paraeducator certificate and completes the substitute authorization requirements set forth in rule 282—22.2(272) but who does not meet the degree requirement in 282—subparagraph 22.2(1)"a"(2) is authorized to substitute only in the special education classroom in which the individual paraeducator is employed , unless emergency permission is granted by the executive director or designee based on documented need provided by the employer. The employer shall make a good-faith effort to employ a substitute teacher who is not a paraeducator before requesting such emergency permission. A school district employing a paraeducator as a substitute pursuant to this subrule shall compensate the person at the higher rate of either the school district's substitute pay per diem or the hourly pay to which the paraeducator is otherwise entitled.

[Filed 8/4/22, effective 9/28/22]

[Published 8/24/22]

Editor's Note: For replacement pages for IAC, see IAC Supplement 8/24/22.