chapter 25

282—25.1(272)  Scope of standards. 

This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code chapter 272.  The adherence to
certain professional and ethical standards is essential to maintaining the integrity of the education profession.

 

282—25.2(272)  Definitions. 

Except where otherwise specifically defined by law:

“Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal,
assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.

“Board” means the Iowa board of educational examiners.

“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.

“Ethics” means a set of principles governing the conduct of all persons governed by these rules.

“Fraud” means knowingly providing false information or representations on an application for licensure or employment, or knowingly providing false information or representations
made in connection with the discharge of duties.

“License” means any license, certificate, or authorization granted by the board.

“Licensee” means any person holding a license, certificate, or authorization granted by the board.

“Practitioner” means an administrator, teacher, or other school personnel, who provides educational assistance to students and who holds a license, certificate, or other authorization
issued by the board.

“Responsibility” means a duty for which a person is accountable by virtue of licensure.

“Right” means a power, privilege, or immunity secured to a person by law.

“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.

“Teacher” means any person engaged in the instructional program for prekindergarten through grade 12 children, including a person engaged in teaching, administration, and supervision,
and who is required by law to be licensed for the position held.

 

282—25.3(272)  Standards of professional conduct and ethics. 

Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations.  Violation of federal, state, or local laws in the fulfillment of
professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board.  In addition, it is hereby deemed unprofessional and
unethical for any licensee to violate any of the following standards of professional conduct and ethics:

 

25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse.  Violation of this standard includes:

a.   Fraud.  Fraud in the procurement or renewal of a practitioner’s license.

b.   Criminal convictions.  The commission of or conviction for a criminal offense as defined by Iowa law or the laws of any other state or of the United States, provided that the
offense is relevant to or affects teaching or administrative performance.

(1)  Disqualifying criminal convictions.  The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has, on or after July
1, 2002, been convicted of, 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 § 702.11:  child endangerment, assault, murder, sexual abuse, or kidnapping;

2.   Any of the following criminal sexual offenses, as provided in Iowa Code Ch. 709, involving a child:

· First– , second– or third–degree sexual abuse committed on or with a person who is under the age of 18;

· Lascivious acts with a child;

· Detention in a brothel;

· Assault with intent to commit sexual abuse;

· Indecent contact with a child;

· Sexual exploitation by a counselor;

· Lascivious conduct with a minor; or

· Sexual exploitation by a school employee;

3.   Incest involving a child as prohibited by Iowa Code § 726.2;

4.   Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code § 728.2; or

5.   Telephone dissemination of obscene material to minors as prohibited by Iowa Code § 728.15.

(2)  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 any other
criminal conviction, including a conviction for an offense listed in 25.3(1)“b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child, the board shall
consider:

1.   The nature and seriousness of the crime or founded abuse in relation to the position sought;

2.   The time elapsed since the crime or founded abuse was committed;

3.   The degree of rehabilitation which has taken place since the crime or founded abuse was committed;

4.   The likelihood that the person will commit the same crime or abuse again;

5.   The number of criminal convictions or founded abuses committed; and

6.   Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.

c.   Sexual involvement or indecent contact with a student.  Sexual involvement includes, but is not limited to, the following acts, whether consensual or nonconsensual:  fondling
or touching the inner thigh, groin, buttocks, anus or breasts of a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts;
or the commission of any sex act as defined in Iowa Code § 702.17.

d.   Sexual exploitation of a minor.  The commission of or any conviction for an offense prohibited by Iowa Code § 728.12, Iowa Code Ch. 709 or 18 U.S.C. § 2252A(a)(5)(B).

e.   Student abuse.  Licensees shall maintain professional relationships with all students, both inside and outside the classroom.  The following acts or behavior constitutes
unethical conduct without regard to the existence of a criminal charge or conviction:

(1)  Committing any act of physical abuse of a student;

(2)  Committing any act of dependent adult abuse on a dependent adult student;

(3)  Committing or soliciting any sexual or otherwise indecent act with a student or any minor;

(4)  Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;

(5)  Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized
drugs in the presence of the licensee; or

(6)  Failing to report any suspected act of child or dependent adult abuse as required by state law.

 

25.3(2) Standard II—alcohol or drug abuse.  Violation of this standard includes:

a.   Being on school premises or at a school–sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or
abusing legal drugs.

b.   Being on school premises or at a school–sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

 

25.3(3) Standard III—misrepresentation, falsification of information.  Violation of this standard includes:

a.   Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit,
degrees, academic award, or employment history when applying for employment or licensure.

b.   Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.

c.   Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.

d.   Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 17.

e.   Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any
standardized tests, including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate
accommodations or modifications for such tests.

 

25.3(4) Standard IV—misuse of public funds and property.  Violation of this standard includes:

a.   Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.

b.   Converting public property or funds to the personal use of the practitioner.

c.   Submitting fraudulent requests for reimbursement of expenses or for pay.

d.   Combining public or school–related funds with personal funds.

e.   Failing to use time or funds granted for the purpose for which they were intended.

 

25.3(5) Standard V—violations of contractual obligations.

a.   Violation of this standard includes:

(1)  Signing a written professional employment contract while under contract with another school, school district, or area education agency.

(2)  Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract.  An
administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.

(3)  Abandoning a written professional employment contract without prior unconditional release by the employer.

(4)  As an employer, executing a written professional employment contract with a practitioner, which requires the performance of duties that the practitioner is not legally
qualified to perform.

(5)  As a practitioner, executing a written professional employment contract, which requires the performance of duties that the practitioner is not legally qualified to perform.

b.   In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control.  For purposes of enforcement of this standard, a
practitioner will not be found to have abandoned an existing contract if:

(1)  The practitioner obtained a release from the employing board before discontinuing services under the contract; or

(2)  The practitioner provided notice to the employing board no later than the latest of the following dates:

1.   The practitioner’s last work day of the school year;

2.   The date set for return of the contract as specified in statute; or

3.   June 30.

 

chapter 26

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 Ch. 272 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(272)  Rights.  Educators licensed under Iowa Code Ch. 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 background of each student.

 

282—26.3(272)  Responsibilities.  Educators licensed under Iowa Code Ch. 272 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 shall protect students from conditions harmful to learning or to health or safety.

5.   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.

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

7.   The educator shall not discriminate against any student on the grounds of national or ethnic origin, religion, age, sex, disability, membership in a definable minority, or marital
status, nor grant any discriminatory consideration or advantage.

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

9.   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.

10. 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.

11. 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.

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

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

14. 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.

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

 

These rules are intended to implement Iowa Code § 272.2(1)“a.”