ARC 8293C - Iowa Administrative Rules

Notice of Intended Action

Statements of professional recognition (SPR), ch 16

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ARC 8293C

EDUCATIONAL EXAMINERS BOARD[282]

Notice of Intended Action

Proposing rulemaking related to statements of professional recognition
and providing an opportunity for public comment

The Educational Examiners Board hereby proposes to rescind Chapter 16, “Statements of Professional Recognition (SPR),” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 256.146.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 256.146.

Purpose and Summary

This proposed chapter provides procedures for the issuance of statements of professional recognition. The Board proposes removing duplicative statutory language.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on August 21, 2024. A public hearing was held on the following date(s):

●September 11, 2024

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

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

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking 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 rulemaking. Written comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on December 2, 2024. Comments should be directed to:

Beth Myers, Attorney
Board of Educational Examiners
701 East Court Avenue, Suite A
Des Moines, Iowa 50309
Phone: 515.242.6506
Email: beth.myers@iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

November 20, 2024 11 a.m. to 12 noon	Board Room, Suite A 701 East Court Avenue Des Moines, Iowa
December 2, 2024 9 to 10 a.m.	Board Room, Suite A 701 East Court Avenue Des Moines, Iowa

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

ITEM 1.Rescind 282—Chapter 16 and adopt the following new chapter in lieu thereof:

CHAPTER 16

STATEMENTS OF PROFESSIONAL RECOGNITION (SPR)

282—16.1(256) Statements of professional recognition (SPR).

16.1(1) SPR. The following statements of professional recognition may be obtained by first obtaining licensure from the department of inspections, appeals, and licensing and do not permit service as a teacher:

a.School audiologist.

b.Speech-language pathologist.

c.School nurse.

d.School occupational therapist.

e.School physical therapist.

f.School social worker.

g.School behavior analyst.

h.Mental health professional.

16.1(2) Validity. The SPR is valid for five years. Applicants will also maintain their license from the department of inspections, appeals, and licensing during the term of the SPR, and this valid license will be required for the issuance and renewal of the SPR.

16.1(3) Temporary authorization. A temporary SPR may be issued for one school year if the license from the department of inspections, appeals, and licensing is temporary.

16.1(4) Request for SPR. The employer will submit a letter requesting that the SPR be issued.

282—16.2(256) School audiologist. The holder of this SPR is authorized to serve as a school audiologist to pupils from birth to age 21 who are deaf or hard of hearing. The person is required to obtain a professional service license or SPR from the board of educational examiners.

282—16.3(256) Speech-language pathologist. The holder of this SPR is authorized to serve as a speech-language pathologist to pupils from birth to age 21. The person is required to obtain a professional service license or SPR from the board of educational examiners.

282—16.4(256) School nurse. The holder of this SPR is authorized to promote the health and safety of the students, including providing medical treatment as allowed under the authority granted by virtue of holding a license from the department of inspections, appeals, and licensing. Applicants will also pass the registered nurse examination.

282—16.5(256) School occupational therapist. The holder of this SPR can serve as a school occupational therapist to pupils from birth to age 21 who have physical impairments.

282—16.6(256) School physical therapist. The holder of this SPR can serve as a school physical therapist to pupils from birth to age 21 who have physical impairments.

282—16.7(256) School social worker. The holder of this SPR is authorized to serve as a school social worker to pupils from birth to age 21 and will hold a licensed independent social worker (LISW) or licensed master social worker (LMSW) license.

282—16.8(256) School behavior analyst. The holder of this SPR can serve as a school behavior analyst to pupils from birth to age 21.

282—16.9(256) Mental health professional. A mental health professional pursuant to Iowa Code section 228.1 will obtain a SPR from the board of educational examiners to be employed by or provide services to an accredited public or private school. The holder of this authorization can serve as a mental health professional to pupils from birth to age 21. Social workers will instead obtain the professional service license or SPR specific to school social work, which includes the authorization to provide mental health services to an accredited public or private school or area education agency.

These rules are intended to implement Iowa Code chapter 256.