CHAPTER 25
CODE OF
PROFESSIONAL CONDUCT AND ETHICS
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, assistant superintendent, associate superintendent,
principal, assistant principal, associate principal, or other person who does
not have as a primary duty the instruction of pupils in the schools.
“Board.” means
the
“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
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:
· 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 the
school employee;
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.
(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
section 702.17.
d.
Sexual exploitation of a
minor. The commission of or any conviction for an
offense prohibited by Iowa Code section 728.12, Iowa Code Chapter 709 or 18
U.S.C section 2252A(a)(5)(B).
e.
Student Abuse. Licensees shall maintain professional
relationships with all students, both in 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 child 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 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.
25.3 (6) Standard VI. unethical practice toward other
members of the profession, parents, students, and the community. Violation of this standard includes:
a. Denying the student, without
just cause, access to varying points of view.
b. Deliberately suppressing or distorting subject
matter for which the educator bears responsibility.
c. Failing to make reasonable effort to protect the
health and safety of the student or creating conditions harmful to student
learning.
d. Conducting professional business in such a way that the practitioner
repeatedly exposes students or other practitioners to unnecessary embarrassment
or disparagement.
e.
Engaging in any act of discrimination, or otherwise denying a student
or practitioner participation in the benefits of any program on the grounds of
race, color, religion, age, sex, disability, marital status, national origin,
or membership in a definable minority.
f.
Soliciting students or parents of students to purchase equipment,
supplies, or services from the practitioner for the practitioner’s personal
advantage.
g.
Accepting gifts from vendors or potential vendors where there may be
the appearance of or an actual conflict of interest.
h.
Intentionally disclosing confidential information including, but not
limited to, unauthorized sharing of information concerning student academic or
disciplinary records, health and medical information, assessment or testing
results, or family income. Licensees
shall comply with state and federal laws and local school board policies
relating to the confidentiality of student records, unless disclosure is
required or permitted by law.
i. Refusing
to participate in a professional inquiry when requested by the board.
j. Aiding,
assisting or abetting an unlicensed person in the completion of acts for which
licensure is required.
k. Failure to self-report to the Board, within 60 days any founded
child abuse report, or any conviction for a criminal offense listed in 25.3(1)“b”(1) which requires revocation of the
practitioner’s license.
l. Delegating tasks to unqualified personnel.
m. Failure to comply with federal, state, and local laws
applicable to the fulfillment of professional obligations.
n. Allowing another person to use one’s practitioner license for any
purpose.
o. Performing services beyond the authorized scope of practice for
which the individual is licensed or prepared.
25.3 (7) Standard VII. compliance with state
law governing student loan obligations and child support obligations. Violation of this standard includes:
a. Failing
to comply with 282—Chapter 9 concerning repayment of student loans.
b. Failing to comply with 282—Chapter 10 concerning child support
obligations.
25.3 (8) Standard VIII. incompetence. Violation of this standard includes, but
is not limited to:
a. Willfully or repeatedly departing from or failing to
conform to the minimum standards of acceptable and prevailing educational
practice in the state of
b. Willfully or repeatedly failing to practice with
reasonable skill and safety.
These rules are intended to implement Iowa
Code section 272.2(1)“a.”
[Filed
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 al educators
licensed under Iowa Code chapter 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 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
(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 chapter 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 private
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 tasks to unqualified personnel.
These
rules are intended to implement Iowa Code section 272.2(1)”a.”
Code of Professional
Conduct and Ethics
Educational
Examiners
Effective
Licensure
Website:
http://www.state.ia.us/boee
Phone Number
515/281-3245
Fax Number
515/281-7669