ARC 2537B
EDUCATIONAL EXAMINERS BOARD[282]
Adopted and Filed
Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby amends Chapter 11, "Complaints, Investigations, Contested Case Hearings," and Chapter 12, "Criteria of Professional Practices," Iowa Administrative Code.
These amendments set forth procedures to require the denial or revocation of a license based upon proof of conviction of certain delineated criminal offenses as mandated in 2002 Iowa Acts, Senate File 2258, which amends Iowa Code section 272.2(14).
Notice of Intended Action was published in the Iowa Administrative Bulletin on December 11, 2002, as ARC 2198B. A public hearing on the amendments was held on January 14, 2003.
One person attended the public hearing; the person, who represented a professional organization, did not support the rules. The Board received two letters of support and one oral comment of support at a Board meeting. The letters of support were from two professional organizations, and the oral comments were from an individual representing school district human resources personnel.
The Board reviewed the oral and written comments and modified the amendments in response to the comments. The changes are not substantive but, rather, editorial and clarification changes. In subrules 11.35(2) and 12.2(2), language pertaining to a deferred judgment was moved from the end of the subrules to the introductory paragraphs regarding disqualifying criminal convictions.
These amendments will become effective July 16, 2003.
These amendments are intended to implement Iowa Code chapter 272.
The following amendments are adopted.
ITEM 1. Amend rule 282--11.35(272) as follows:
282--11.35(272) Application denial and appeal. The executive director is authorized by Iowa Code section 272.7 to grant or deny applications for licensure. If the executive director denies an application for an initial or exchange license, certificate, or authorization, the executive director shall send to the applicant by regular first-class mail written notice identifying the factual and legal basis for denying the application. If the executive director denies an application to renew an existing license, certificate, or authorization, the provisions of rule 11.36(272) shall apply.
11.35(1) Grounds Mandatory grounds for license denial. The executive director may shall deny an application based on the grounds set forth in Iowa Code sections section 272.2(14) and 272C.6. , including:
a. The license application is fraudulent.
b. The applicant’s license or certification from another state is suspended or revoked.
c. The applicant fails to meet board standards for application or for license renewal.
d. The applicant is less than 21 years of age, except that a coaching authorization or paraeducator certificate may be issued to an applicant who is 18 years of age or older, as provided in Iowa Code sections 272.12 and 272.31. A student enrolled in a practitioner preparation program who meets board requirements for a temporary, limited purpose license and who is seeking to teach as part of the practicum or internship may be less than 21 years of age.
e. The applicant has been convicted of one of the disqualifying criminal convictions set forth in paragraph 11.35(2)"a."
11.35(2) Conviction of a crime and founded child abuse.
a. Disqualifying criminal convictions. The board shall deny an application for licensure if the applicant or licensee has been convicted, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:
(1) Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;
(2) Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:
1. First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;
2. Lascivious acts with a child;
3. Detention in a brothel;
4. Assault with intent to commit sexual abuse;
5. Indecent contact with a child;
6. Sexual exploitation by a counselor; or
7. Lascivious conduct with a minor;
(3) Incest involving a child as prohibited by Iowa Code section 726.2;
(4) Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section 728.2; or
(5) Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 728.15.
b. Other criminal convictions and founded child abuse. When determining whether a person should be denied licensure based on the conviction of a any other crime, including a felony, or a founded report of child abuse, the executive director and the board shall consider the following:
a. (1) The nature and seriousness of the crime or founded abuse in relation to the position sought;
b. (2) The time elapsed since the crime or founded abuse was committed;
c. (3) The degree of rehabilitation which has taken place since the crime or founded abuse was committed;
d. (4) The likelihood that the person will commit the same crime or abuse again;
e. (5) The number of criminal convictions or founded abuses committed; and
f. (6) Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.
11.35(3) to 11.35(5) No change.
ITEM 2. Amend subrule 12.2(2) as follows:
12.2(2) Criminal convictions and founded child abuse.
a. Disqualifying criminal convictions. The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has been convicted, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:
(1) Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;
(2) Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:
1. First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;
2. Lascivious acts with a child;
3. Detention in a brothel;
4. Assault with intent to commit sexual abuse;
5. Indecent contact with a child;
6. Sexual exploitation by a counselor; or
7. Lascivious conduct with a minor;
(3) Incest involving a child as prohibited by Iowa Code section 726.2;
(4) Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section 728.2; or
(5) Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 728.15.
b. Other criminal convictions and founded child abuse. In determining whether a person should be denied a license or whether a licensee should be disciplined based upon a any other criminal conviction or a founded report of physical or sexual abuse of a child, the board shall consider:
a. (1) The nature and seriousness of the crime or founded abuse in relation to the position sought;
b. (2) The time elapsed since the crime or founded abuse was committed;
c. (3) The degree of rehabilitation which has taken place since the crime or founded abuse was committed;
d. (4) The likelihood that the person will commit the same crime or abuse again;
e. (5) The number of criminal convictions or founded abuses committed; and
f. (6) Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.
[Filed 5/23/03, effective 7/16/03]
[Published 6/11/03]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 6/11/03.