EDUCATIONAL EXAMINERS BOARD[282]

Notice of Intended Action

Twenty–five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 11, “Complaints, Investigations, Contested Case Hearings,” Iowa Administrative Code.

During the 2007 legislative session, legislation was passed to expand the list of those who can file a professional prac–tices complaint with the Board to include employees of theDepartment of Education.  New rule 282—11.38(256,272) sets forth the procedures for the filing of complaints by employees of the Department of Education. 

A waiver provision is not included.  The Board has adopted a uniform waiver rule.

Any interested party or persons may present their views either orally or in writing at the public hearing that will be held Wednesday, May 28, 2008, at 1 p.m. in Room 3 Southwest, Third Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa.

At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendment.  Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa 50319–0147, or at (515)281– 5849, prior to the date of the public hearing.

Any person who intends to attend the public hearing and requires special accommodations for specific needs, such as a sign language interpreter, should contact the office of the Executive Director at (515)281–5849.

Any interested person may make written comments or suggestions on the proposed amendment before 4 p.m. on Friday, May 30, 2008.  Written comments and suggestions should be addressed to Marcia J. Henderson, Board Secretary, Board of Educational Examiners, at the above address, or sent by E–mail to marcia.henderson@iowa.gov, or by fax to (515)281–7669.

This amendment is intended to implement Iowa Code chapter 272.

A fiscal impact summary prepared by the Legislative Services Agency pursuant to Iowa Code § 17A.4(3) will be available at http://www.legis.state.ia.us/IAC.html or at (515) 281–5279 prior to the Administrative Rules Review Committee’s review of this rule making.

The following amendment is proposed.

 

Adopt new rule 282—11.38(256,272) as follows:

282—11.38(256,272)  Reporting by department of education employees.

11.38(1)  Method of reporting.  A report of misconduct made by the director, pursuant to Iowa Code Supplement section 256.9(56), or made by an employee of the department of education, pursuant to Iowa Code Supplement section 272.15(2), shall comply with the requirements of subrule 11.37(1).

11.38(2)  Confidentiality.  Information reported to the board in accordance with this rule is privileged and confidential, except as provided in Iowa Code section 272.13.

11.38(3)  Review and investigation of report.  The report shall be reviewed and investigated pursuant to subrules 11.37(4) and 11.37(5).