Inappropriate licensure and assignment

By Christy Hickman, ISEA staff counsel

In recent months, the executive director of the Iowa Board of Educational Examiners (BEE) has filed several complaints against teachers for failing to hold proper licensure, and administrators for assigning teachers to teach classes for which they are not properly licensed.  Although one valuable benefit of your ISEA membership is legal representation if you are faced with a BEE complaint, it is my hope that you can avoid the stress and strain of having to go through such an ordeal.  To that end, here is a short primer on the legal and ethical obligations you have related to your licensure. 
 
1.  You must hold a valid teaching license and all necessary endorsements.
Iowa law prohibits any person from being employed as a teacher in a public school without having a license.  Iowa Code § 294.1 (2007).  Teaching without a license or proper endorsement is not only against the law, it is a violation of the BEE's Code of Professional Conduct and Ethics.  Iowa Administrative Code 282-25.3(6)(o).  If the violation is discovered by the BEE or any other interested person, such as a parent, a complaint could be filed against you.  You could face a sanction by the BEE, including a letter of reprimand, suspension, or revocation of your teaching license.  You may also face hefty fees for failing to renew in a timely manner.

2.  You must report to your administrators any assignment for which you are not properly licensed or endorsed.    
In 2007, the Iowa Legislature passed a law requiring a teacher under contract with a school district to disclose to a school official any teaching assignment for which the employee is not properly licensed.  Iowa Code § 279.43.  Failure to disclose an inappropriate assignment to your administrator is an "incident of misconduct" under the BEE's Code of Professional Conduct and Ethics and is actionable by the BEE.  Iowa Administrative Code 282- 25.3(6)(q). 

3.  You must report to the Iowa Department of Education or the BEE any failure of school officials to make proper adjustments to an inappropriate teaching assignment. 
Once an employee has disclosed that they are not properly licensed for their assignment, the responsible school official is required to make appropriate adjustments to the employee's teaching assignment.  Iowa Administrative Code 282-25.3(6)(r).  If the school official fails to do so, the employee must report this occurrence to the Department of Education or the BEE.  Iowa Code § 279.43.  You have an ethical and professional obligation to assure that you do not teach in an area for which you are not licensed. 
If you have reason to suspect you may be teaching outside of your area of licensure, call your UniServ director.  He or she can guide you through the process of determining whether your licensure is appropriate for your assignment and assist you in making the proper disclosures if it is not. 

One common thread of many of the licensure cases heard by the BEE is neglect.  Your licensure is your responsibility.  Don't wait for an administrator to discover a problem.  It might be too late.