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 adopt new Chapter 26, "Code of Rights and Responsibilities," Iowa Administrative Code.

In 1989, the Board developed a Canon of Rights and Responsibilities but did not adopt rules for this purpose. This new chapter is intended to outline a practitioner's rights and responsibilities in becoming a member of the profession.

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 Tuesday, February 24, 2004, at 2 p.m. in Room 3 North, Third Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa 50319.

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 rules. 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 rules before 4 p.m. on Friday, February 27, 2004. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address, or sent by E-mail to anne.kruse@ed.state.ia.us, or by fax to (515)281-7669.

These rules are intended to implement Iowa Code section 272.2(1)"a."

The following new chapter is proposed.

CHAPTER 26
CODE OF RIGHTS AND RESPONSIBILITIES

282-26.1(272) 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 272 and agrees that the exercise of these rights and responsibilities may present mitigating facts

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*See ARC 3089B proposed herein.

and circumstances in the board's evaluation of allegations of unprofessional or unethical conduct.

282-26.2(272) Rights. Educators licensed under Iowa Code chapter 272 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 backgrounds of each student.

282-26.3(272) Responsibilities. Educators licensed under Iowa Code chapter 272 have the following responsibilities:

1. The educator who has unprivileged knowledge of a violation of the code of professional conduct and ethics by another educator shall assist in maintaining the integrity of the profession by promptly reporting the violation to the board.

2. The educator has a responsibility to maintain and improve the educator's professional competence.

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

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

5. The educator shall protect students from conditions harmful to learning or to health or safety.

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

7. The educator shall not use professional relationships with students for private advantage.

8. The educator shall not discriminate against any student on the grounds of national or ethnic origin, religion, age, sex, disability, sexual orientation, or marital status, nor grant any discriminatory consideration or advantage.

9. The educator shall accord just and equitable treatment to all members of the profession.

10. The educator shall 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.

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

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

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

14. The educator shall not refuse to participate in a professional inquiry, when requested by the board.

15. The educator shall 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.

16. The educator shall not delegate assigned tasks to unqualified personnel.

These rules are intended to implement Iowa Code section 272.2(1)"a."