ARC 8305C - Iowa Administrative Rules

Notice of Intended Action

Code of rights and responsibilities, ch 26

Untitled document

ARC 8305C

EDUCATIONAL EXAMINERS BOARD[282]

Notice of Intended Action

Proposing rulemaking related to code of rights and responsibilities
and providing an opportunity for public comment

The Educational Examiners Board hereby proposes to rescind Chapter 26, “Code of Rights and Responsibilities,” 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 a code of rights and responsibilities. The Board is proposing to remove 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 26 and adopt the following new chapter in lieu thereof:

CHAPTER 26

CODE OF RIGHTS AND RESPONSIBILITIES

282—26.1(256) Purpose. The code of professional conduct and ethics in 282—Chapter 25 defines unprofessional and unethical conduct justifying disciplinary sanction. The board acknowledges that the discharge of professional obligations should occur in recognition of certain fundamental rights and responsibilities. Accordingly, the board recognizes the following rights and responsibilities of all educators licensed under Iowa Code chapter 256 and agrees that the exercise of these rights and responsibilities may present mitigating facts and circumstances in the board’s evaluation of allegations of unprofessional or unethical conduct.

282—26.2(256) Rights. Educators licensed under Iowa Code chapter 256 have the following rights:

1.The educator has a right to be licensed and endorsed under professional standards established and enforced by the board.

2.The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).

3.The educator has a right, subject to board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.

282—26.3(256) Responsibilities. Educators licensed under Iowa Code chapter 256 have the following responsibilities:

1.The educator has a responsibility to maintain and improve the educator’s professional competence.

2.The educator has a responsibility to accept only those assignments for which the educator is legally authorized.

3.The educator has a responsibility to provide conditions that are conducive to teaching and student learning.

4.The educator will protect students from conditions harmful to learning or to health or safety.

5.The educator will not, without just cause, restrain a student from independent action in the pursuit of learning and will not, without just cause, deny a student access to varying points of view.

6.The educator will not use professional relationships with students for personal advantage.

7.The educator will not discriminate against any student on the grounds of race, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.

8.The educator will accord just and equitable treatment to all members of the profession.

9.The educator will keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.

10.The educator who has reasonable basis to believe that a student has been abused, as defined by law, will make all reports that are required by law and the Iowa Administrative Code and that are necessary to ensure the safety and well-being of the student.

11.In the administration of discipline, the educator will treat all students with respect and in compliance with all policies of the school district served by the educator.

12.The educator will provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.

13.The educator will not refuse to participate in a professional inquiry when requested by the board.

14.The educator will not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.

15.The educator will not delegate assigned tasks to unqualified personnel.

These rules are intended to implement Iowa Code section 256.146(1)“a.”