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 20, "Evaluator License," Iowa Administrative Code.

The proposed new rules are to accompany rule 281- 83.5(284), Evaluator Approval Training, of the Department of Education. These proposed rules include the licensure requirements for the new evaluator endorsement or license as mandated in the Teacher Quality Bill (Iowa Code section 284.10).

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 10, 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 amendments. 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 interested person may make written comments or suggestions on the proposed amendments before 4 p.m. on Friday, February 13, 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. 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.

These amendments are intended to implement Iowa Code chapter 272.

The following amendments are proposed.

ITEM 1. Amend the chapter title for 282-Chapter 20 as follows:

CHAPTER 20
EVALUATOR ENDORSEMENT AND LICENSE

ITEM 2. Adopt the following new statement to appear before the first rule:

These rules are to accompany 281-83.5(284), Evaluator Approval Training, adopted by the Department of Education.

ITEM 3. Rescind and reserve rules 282-20.1(272) to 282-20.9(272).

ITEM 4. Reserve rules 282-20.10 to 282-20.50.

ITEM 5. Adopt the following new rules:

282-20.51(272) Evaluator endorsement and license. This endorsement or this license authorizes services as required by Iowa Code section 284.10.

282-20.52(272) Initial evaluator endorsement. To obtain this authorization as an endorsement on an administrative, evaluator, or teaching license, an applicant must complete the requirements as specified in 281-83.5(284).

282-20.53(272) Evaluator endorsement. The requirements for the evaluator endorsement shall be included in each program leading to administrative licensure and administrative endorsements in Iowa colleges and universities approved to offer these programs.

282-20.54(272) Applicants for administrative licensure. Each applicant for an initial administrative license shall have completed the evaluator endorsement requirements.

282-20.55(272) Evaluator license. Applicants may apply for the five-year evaluator license upon completion of the evaluator training required in Iowa Code section 284.10.

The fee for the evaluator license is $50. If the term of the license extends beyond the term of the applicant's valid administrative or evaluator license, the fee for the evaluator license will be prorated to equal $10 per year of extension. The following provides examples of the prorated fees for this extension:

If the practitioner's current license is extended by five years, the fee is $50.

If the practitioner's current license is extended by four years, the fee is $40.

If the practitioner's current license is extended by three years, the fee is $30.

If the practitioner's current license is extended by two years, the fee is $20.

If the practitioner's current license is extended by one year, the fee is $10.

If the practitioner's current license is extended by less than one year, the fee is $10.

282-20.56(272) Out-of-state applicants. An out-of-state applicant who seeks an administrative license after July 1, 2003, will be granted a Class A license valid for one year in order to complete the evaluator endorsement requirements. If the person does not hold an administrative license in the state where the person completed the administrative program, then a Class A license will be granted. The Class A license is valid for one year and is nonrenewable. The requirements for the evaluator endorsement must be met before the issuance of the administrative license.

282-20.57(272) Renewal of administrative licenses. Each applicant for renewal of an administrative license shall have completed the evaluator endorsement requirements. A waiver of this requirement may apply if a person submits appropriate documentation of any of the following:

1. A person is engaged in active duty in the military service of this state or of the United States.

2. A person is practicing a licensed profession outside this state.

3. A person is practicing as a nonpublic school administrator in this state.

4. A person is practicing in a nonadministrative, non-evaluative position in this state.

20.58(1) Coursework for renewal of the evaluator license or the license with the evaluator endorsement must complement the initial requirements. This coursework must be at least one semester hour of college or university credit or one renewal unit from an approved Iowa staff development program.

20.58(2) All applicants renewing an evaluator license must submit documentation of completion of the child and dependent adult abuse training approved by the state abuse education review panel. A waiver of this requirement may apply if a person submits appropriate documentation of any of the following:

a. A person is engaged in active duty in the military service of this state or of the United States.

b. The application of this requirement would impose an undue hardship on the person for whom the waiver is requested.

c. A person is practicing a licensed profession outside this state.

d. A person is otherwise subject to circumstances that would preclude the person from satisfying the approved child and dependent adult abuse training in this state.

20.58(3) An individual holding the evaluator license may convert this license to an endorsement at the time of renewal. The fee for this conversion process will equal the fee for license renewal. The endorsement will be placed on the administrative or teaching license.

20.59(1) The holder of the permanent professional certificate with an administrative endorsement must hold a valid evaluator license if the person serves as an administrator who evaluates licensed personnel.

20.59(2) The holder of the permanent professional certificate with an administrative endorsement cannot use the option in subrule 20.58(3).

282-20.60(272) Requirements for a Class A administrative license. A Class A license valid for one year may be issued to an individual who has not completed the required evaluator training program which is necessary for renewal of the administrative and evaluator licenses. The fee for this one-year license is $10. This license may be renewed for one additional year at the same fee if the individual cannot complete the required evaluator training program during the term of the initial conditional license. This rule will sunset January 1, 2005.