ARC 6677C

ARC 6677C

EDUCATIONAL EXAMINERS BOARD[282]

Notice of Intended Action

Proposing rule making related to licensure reciprocity

and providing an opportunity for public comment

The Educational Examiners Board hereby proposes to amend 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 proposed under the authority provided in Iowa Code section 272.2 and 2022 Iowa Acts, Senate File 2383.

State or Federal Law Implemented

This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.

Purpose and Summary

2022 Iowa Acts, Senate File 2383, provides updated language for reciprocity laws. This proposed rule making implements those updates.

Fiscal Impact

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

Jobs Impact

This rule making will have a positive impact on jobs because it will allow others to easily come to work in Iowa.

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 December 6, 2022. 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 subrule 13.1(1) as follows:

13.1(1) Definitions.

"Coursework" means requirements completed for semester hour credit through a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education.

"Degree" means a specific qualification earned by a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education.

"Nontraditional" means any method of teacher preparation that falls outside the traditional method of preparing teachers.

"Proficiency," for the purposes of paragraph 13.5(2)"e," means that an applicant has passed all parts of the standard.

"Recognized non-Iowa teacher preparation institution" means an institution that is state-approved and accredited by an institutional accrediting agency as recognized by the U.S. Department of Education.

"State-approved" means a program for teacher preparation approved for state licensure.

"Traditional" means a one- or two-year sequenced teacher preparation program of instruction taught at a state-approved college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education that includes commonly recognized pedagogy classes coursework and requires a student teaching component.

Item 2. Amend subrule 13.5(2) as follows:

13.5(2) Applicants from non-Iowa institutions.

a. Original application. Applicants under this subrule have completed a teacher preparation program outside the state of Iowa and are applying for their first Iowa teaching license. An applicant from a non-Iowa institution:

(1)Shall submit a copy of a valid or expired regular teaching certificate or license 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.

(2)Shall provide verification of successfully passing the mandated assessment(s) in the state in which the applicant is currently licensed, if applicable.

(3)Shall not be subject to any pending disciplinary proceedings in any state or country.

(4)Shall comply with all requirements with regard to application processes and payment of licensure fees.

b. In addition to the requirements set forth in subrule 13.5(1), an applicant from a non-Iowa institution:

(1)Shall submit a copy of a valid or expired regular teaching certificate or license exclusive of a temporary, emergency or substitute license or certificate.

(2)Shall provide verification of one of the following:

1.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; or

2.Successfully passing the mandated assessment(s) in the state in which the applicant is currently licensed; or

3.Three years of teaching experience while holding a valid teaching license.

(3)Shall provide an official institutional transcript(s) to be analyzed for the requirements necessary for Iowa licensure. An applicant must have completed at least 75 percent of the coursework as outlined in 281—subrules 79.15(2) to 79.15(5) and an endorsement requirement through a two- or four-year institution in order for the endorsement to be included on the license. An applicant who has not completed at least 75 percent of the coursework for at least one of the basic Iowa teaching endorsements completed will not be issued a license. An applicant seeking a board of educational examiners transcript review must have achieved a C- grade or higher in the courses that will be considered for licensure. An applicant who has met the minimum coursework requirements in this subrule will not be subject to additional coursework deficiency requirements if the applicant provides verification of ten years of successful teaching experience or if the applicant provides verification of five years of successful experience and a master's degree.

(4)Shall demonstrate recency of experience by providing verification of either one year of teaching experience or six semester hours of college credit during the five-year period immediately preceding the date of application.

(5)Shall not be subject to any pending disciplinary proceedings in any state or country.

(6)Shall comply with all requirements with regard to application processes and payment of licensure fees.

c. If through a transcript analysis, the teacher preparation coursework as outlined in 281—subrules 79.15(2) to 79.15(5) or one of the basic teaching endorsement requirements for Iowa is not met, the applicant may be eligible for the equivalent Iowa endorsement areas, as designated by the Iowa board of educational examiners, based on current and valid National Board Certification.

d. If the teacher preparation program was considered nontraditional, candidates will be asked to verify the following:

(1)That the program was for secondary education;

(2)A baccalaureate degree with a cumulative grade point average of 2.50 on a 4.0 scale; and

(3)The completion of a student teaching or internship experience or three years of teaching experience.

e. If the teacher preparation coursework as outlined in 281—subrules 79.15(2) to 79.15(5) cannot be reviewed through a traditional transcript evaluation, a portfolio review and evaluation process may be utilized.

(1)An applicant must demonstrate proficiency in a minimum of at least 75 percent of the teacher preparation coursework as outlined in 281—subrules 79.15(2) to 79.15(5).

(2)An applicant must meet with the board of educational examiners to answer any of the board's questions concerning the portfolio.

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. b.Holders of an Iowa regional exchange license issued prior to January 1, 2021 June 16, 2022, may submit a new application if the requirements in this subrule would have been met at the time of their initial application.

Item 3. Rescind subrules 13.6(1) to 13.6(3).

Item 4. Amend subrule 13.17(1) as follows:

13.17(1) Teacher exchange license.

a. For an applicant applying under subrule 13.5(2), a two-year nonrenewable exchange license may be issued to the applicant under any of the following conditions:

(1)The applicant has met the minimum coursework requirements for licensure but has some coursework deficiencies. An applicant must have completed a minimum of a bachelor's degree and at least 75 percent of the coursework as outlined in 281—subrules 79.15(2) to 79.15(5) and an endorsement requirement. Any coursework deficiencies must be completed for college credit, with the exception of human relations which may be taken for licensure renewal credit through an approved provider.

(2)The applicant submits verification that the applicant has applied for and will receive the applicant's first teaching license and is waiting for the processing or printing of a valid and current out-of-state license. The lack of a valid and current out-of-state license will be listed as a deficiency.

(3)The applicant has not met the requirement for recency set forth in 13.5(2)"b"(4).

b. After the term of the exchange license has expired 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.

Item 5. 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 a transcript review. Applicants must hold and submit a copy of a valid or expired regular administrator certificate or license in another state, 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 applicant provides a 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 June 16, 2022, may submit a new application if the requirements in this rule would have been met at the time of their initial application.

Item 6. Rescind paragraph 22.1(2)"d."

Item 7. Amend subrule 22.2(1) as follows:

22.2(1) Application process. Any person interested in the substitute authorization shall submit records of credit to the board of educational examiners for an evaluation in terms of the required courses or contact hours. Application materials are available from the office of the board of educational examiners, online at www.boee.iowa.gov or from institutions or agencies offering approved courses or contact hours. Degrees and semester hour credits shall be completed through a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education.

a. No change.

b. Additional requirements. An applicant under this subrule shall be granted a substitute authorization and will not be subject to the authorization program coursework 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 substitute authorization in good standing from another state without pending disciplinary action, valid for a minimum of one year, exclusive of a temporary, emergency license or certificate.

c. b.Validity. The substitute authorization shall be valid for five years.

d. c.Renewal. The authorization may be renewed upon application and verification of successful completion of:

(1)Renewal units. Applicants for renewal of the substitute authorization must provide verification of a minimum of two licensure renewal units or semester hours of renewal credits.

(2)Child and dependent adult abuse trainings. Every renewal applicant must submit documentation of completion of the child and dependent adult abuse trainings pursuant to 282—subrule 20.3(4).

Item 8. Amend rule 282—22.4(272) as follows:

282—22.4(272) Licenses—issue dates, corrections, duplicates, and fraud, and reciprocity.

22.4(1) to 22.4(4) No change.

22.4(5) Reciprocity. Applicants who hold a license, certificate, or authorization under this chapter from at least one other issuing jurisdiction in another state will not be subject to additional coursework if the following requirements have been met:

a. The applicant holds a valid or expired equivalent license in good standing from another state without pending disciplinary action, exclusive of a temporary or emergency certificate.

b. The applicant provides verification of passing the mandated assessment(s) in the state in which the applicant is currently licensed, if applicable.

Item 9. Amend rule 282—27.2(272) as follows:

282—27.2(272) Requirements for a professional service license.

27.2(1) Initial professional service license. An initial professional service license valid for a minimum of two years with an expiration date of June 30 may be issued to an applicant for licensure to serve as a school audiologist, school psychologist, school social worker, speech-language pathologist, supervisor of special education (support), director of special education of an area education agency, or school counselor who:

a. to c. No change.

d. Meets the recency requirement of 282—subparagraph 13.5(2)"b"(4).

e. d.Completes the background check requirements set forth in rule 282—13.1(272).

27.2(2) Standard professional service license. A standard professional service license valid for five years may be issued to an applicant who:

a. Completes requirements listed under 27.2(1)"a" to "d." paragraphs 27.2(1)"a" to "c."

b. No change.

c. Meets the recency requirement of 282—subparagraph 13.5(2)"b"(4).

27.2(3) Renewal. Renewal requirements for this license are set out in 282—Chapter 20.

27.2(4) Professional service exchange license.

a. For an applicant applying with out-of-state preparation 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 subrule shall be granted an Iowa professional service license and will not be subject to coursework deficiencies if the following additional requirements have been met: applicant provides a

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

(2) Valid 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.

27.2(5) No change.