Read the full stored bill text
House
File
2122
-
Introduced
HOUSE
FILE
2122
BY
HAYES
A
BILL
FOR
An
Act
relating
to
the
discipline
of
students
who
exhibit
1
disorderly
conduct
in
the
classroom
and
who
are
enrolled
2
in
school
districts,
charter
schools,
or
innovation
zone
3
schools.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
256E.7,
subsection
2,
Code
2026,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0n.
Be
subject
to
and
comply
with
the
3
requirements
of
section
279.65B
relating
to
the
discipline
of
4
students
who
exhibit
disorderly
conduct
in
the
classroom
in
the
5
same
manner
as
a
school
district.
6
Sec.
2.
Section
256F.4,
subsection
2,
Code
2026,
is
amended
7
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
v.
Be
subject
to
and
comply
with
the
9
requirements
of
section
279.65B
relating
to
the
discipline
of
10
students
who
exhibit
disorderly
conduct
in
the
classroom
in
the
11
same
manner
as
a
school
district.
12
Sec.
3.
Section
279.65A,
subsection
3,
Code
2026,
is
amended
13
to
read
as
follows:
14
3.
The
policies
must
be
consistent
with
the
all
of
the
15
following:
16
a.
The
provisions
of
chapter
256B
,
and
the
administrative
17
rules
adopted
by
the
state
board
for
purposes
of
chapter
256B
,
18
the
.
19
b.
The
federal
Individuals
with
Disabilities
Education
Act,
20
20
U.S.C.
§1400
et
seq.
,
and
the
21
c.
The
federal
Rehabilitation
Act
of
1973,
as
amended
and
22
codified
in
29
U.S.C.
§701
et
seq.
23
d.
Section
279.65B.
24
Sec.
4.
NEW
SECTION
.
279.65B
Discipline
of
students
for
25
disorderly
conduct.
26
1.
As
used
in
this
section:
27
a.
“Disorderly
conduct”
means
intentional
conduct
to
which
28
any
of
the
following
applies:
29
(1)
Constitutes
violent
behavior
or
a
threat
of
violent
30
behavior.
31
(2)
Disrupts,
disturbs,
or
interferes
with
any
services
32
provided
by
the
school
district.
33
(3)
Disturbs
the
peace,
order,
or
discipline
within
the
34
classroom.
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b.
“Principal”
means
the
same
as
defined
in
section
256.145.
1
“Principal”
includes
all
of
the
following:
2
(1)
An
assistant
principal.
3
(2)
A
vice
principal.
4
(3)
An
administrator
who
is
responsible
for
the
day-to-day
5
operations
of
an
attendance
center.
6
c.
“Teacher”
means
the
same
as
defined
in
section
256.145.
7
2.
a.
A
teacher
may
exclude
from
the
teacher’s
classroom
8
and
place
under
the
supervision
of
the
principal
any
student
9
who
does
any
of
the
following
while
in
the
teacher’s
classroom:
10
(1)
Engages
in
disorderly
conduct.
11
(2)
Threatens,
abuses,
intimidates,
or
attempts
to
12
intimidate
another
student
or
any
school
employee.
13
(3)
Uses
abusive
or
profane
language.
14
b.
(1)
A
student
who
is
enrolled
in
kindergarten
through
15
grade
five,
and
who
was
excluded
from
a
teacher’s
classroom
16
pursuant
to
paragraph
“a”
,
shall
not
be
readmitted
to
the
17
teacher’s
classroom
until
after
the
principal
provides
written
18
notice
to
the
teacher
indicating
that
the
student
will
be
19
readmitted.
20
(2)
A
student
who
is
enrolled
in
grades
six
through
twelve,
21
and
who
was
excluded
from
a
teacher’s
classroom
pursuant
22
to
paragraph
“a”
,
shall
not
be
readmitted
to
the
teacher’s
23
classroom
until
after
the
principal
provides
written
notice
to
24
the
teacher
indicating
that
the
student
will
be
readmitted.
25
Such
student
shall
not
be
readmitted
to
the
teacher’s
classroom
26
until,
at
the
earliest,
the
immediately
subsequent
school
day.
27
3.
a.
If
the
principal
determines
that
disciplinary
28
action
should
be
taken
against
a
student
who
was
excluded
29
from
a
teacher’s
classroom
pursuant
to
subsection
2,
then
the
30
principal
shall
do
all
of
the
following:
31
(1)
Take
such
disciplinary
action.
32
(2)
Provide
written
and,
if
possible,
electronic
notice
of
33
such
disciplinary
action
to
the
student’s
parent
or
guardian.
34
b.
(1)
If
a
student
was
excluded
from
a
teacher’s
classroom
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for
the
remainder
of
a
school
day
pursuant
to
subsection
2
1
three
times
in
any
thirty-day
period,
then
the
principal
shall
2
discipline
the
student
by
doing
any
of
the
following:
3
(a)
Assigning
the
student
to
either
in-school
or
4
out-of-school
suspension.
5
(b)
Recommending
to
the
superintendent
that
the
student
be
6
placed
in
an
alternative
learning
environment
that
has
been
7
approved
by
the
superintendent.
8
(2)
If
a
student
was
excluded
from
a
teacher’s
classroom
9
pursuant
to
subsection
2
because
the
student’s
conduct,
10
statements,
or
other
actions
were
severe
or
pervasive,
and,
11
if
requested
by
the
teacher,
then
the
principal
shall
impose
12
the
maximum
amount
of
punishment
applicable
to
such
conduct,
13
statements,
or
other
actions
as
provided
in
policies
adopted
14
by
the
board
of
directors
of
the
school
district,
including
15
placing
the
student
in
an
alternative
learning
environment
that
16
has
been
approved
by
the
superintendent.
17
4.
a.
A
teacher
may
appeal
all
of
the
following
to
the
18
board
of
directors
of
the
school
district:
19
(1)
A
principal’s
refusal
to
allow
the
teacher
to
exclude
a
20
student
from
the
teacher’s
classroom
pursuant
to
subsection
2,
21
paragraph
“a”
.
22
(2)
A
principal’s
readmission
of
a
student
to
the
teacher’s
23
classroom
prior
to
the
time
such
student
should
have
been
24
readmitted
pursuant
to
subsection
2,
paragraph
“b”
.
25
b.
The
board
of
directors
of
a
school
district
shall
not
26
take
any
disciplinary
action
against
a
teacher
for
exercising
27
the
teacher’s
appeal
rights
described
in
paragraph
“a”
.
For
28
purposes
of
this
paragraph,
“disciplinary
action”
includes
29
termination
of
employment
or
the
contractual
relationship,
30
suspension
from
employment,
demotion,
financial
penalties,
31
failing
to
take
action
regarding
a
teacher’s
promotion
32
or
proposed
promotion,
failing
to
provide
an
advantage
in
33
employment
or
the
contractual
relationship,
and
written
or
34
verbal
reprimands.
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c.
All
of
the
following
shall
apply
if
the
board
of
1
directors
of
a
school
district
violates
paragraph
“b”
:
2
(1)
The
teacher
may
enforce
the
teacher’s
rights
under
this
3
section
through
a
civil
action.
4
(2)
The
board
of
directors
of
the
school
district
is
liable
5
to
the
aggrieved
teacher
for
affirmative
relief
including
6
reinstatement,
with
or
without
back
pay,
civil
damages
in
an
7
amount
not
to
exceed
three
times
the
annual
wages
and
benefits
8
received
by
the
aggrieved
teacher
prior
to
the
violation
of
9
paragraph
“b”
,
and
any
other
equitable
relief
the
court
deems
10
appropriate,
including
attorney
fees
and
costs.
11
(3)
When
the
board
of
directors
of
a
school
district
12
commits,
is
committing,
or
proposes
to
commit
an
act
in
13
violation
of
paragraph
“b”
,
an
injunction
may
be
granted
through
14
an
action
in
district
court
to
prohibit
the
board
of
directors
15
of
the
school
district
from
continuing
such
acts.
The
action
16
for
injunctive
relief
may
be
brought
by
an
aggrieved
teacher,
17
the
county
attorney,
or
the
person
providing
human
resource
18
management
for
the
board
of
directors
of
the
school
district.
19
5.
A
school
district
employee
shall
be
granted
immunity
20
from
any
civil
or
criminal
liability
which
might
otherwise
21
be
incurred
or
imposed
as
a
result
of
physical
contact
that
22
occurs
when
the
employee
is
addressing
a
student’s
conduct,
23
statements,
or
other
actions
for
which
the
student
could
be
24
excluded
from
a
teacher’s
classroom
pursuant
to
subsection
2
if
25
the
physical
contact
complies
with
section
280.21,
subsection
26
2.
27
6.
If
a
teacher
faces
legal
action,
disciplinary
action,
28
or
professional
sanctions
for
an
action
the
teacher
takes
29
under
the
teacher’s
approved
classroom
management
plan,
there
30
shall
be
a
rebuttable
presumption
in
such
proceeding
that
the
31
teacher’s
action
was
necessary
to
restore
and
maintain
the
32
safety
or
instruction
atmosphere
of
the
teacher’s
classroom.
33
7.
The
board
of
directors
of
a
school
district
shall
34
immediately
grant
a
teacher
a
leave
of
absence
for
physical
and
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mental
recovery
with
full
pay
for
at
least
five
days
if
the
1
teacher
is
injured
due
to
a
student’s
disorderly
conduct.
2
8.
Each
principal
shall
carry
out
the
principal’s
3
responsibilities
under
this
section
in
an
expeditious
manner,
4
and
shall
do
all
of
the
following
in
an
expeditious
manner:
5
a.
Carry
out
all
manifestation
determination
review
6
meetings,
as
required
under
section
504
of
the
federal
7
Rehabilitation
Act,
29
U.S.C.
§794.
8
b.
Impose
the
appropriate
amount
of
punishment
in
accordance
9
with
policies
adopted
by
the
board
of
directors
of
the
school
10
district
and
federal
law.
11
c.
Perform
functional
behavior
assessments
as
needed.
12
d.
Adjust
behavioral
intervention
plans
as
needed.
13
9.
This
section
shall
not
be
construed
to
do
any
of
the
14
following:
15
a.
Infringe
on
any
right
provided
to
any
student
under
16
federal
law,
including
but
not
limited
to
all
of
the
following:
17
(1)
Section
504
of
the
federal
Rehabilitation
Act,
29
U.S.C.
18
§794.
19
(2)
The
federal
Individuals
with
Disabilities
Education
20
Act,
20
U.S.C.
§1400
et
seq.
21
(3)
The
federal
Family
Educational
Rights
and
Privacy
Act,
22
20
U.S.C.
§1232g.
23
(4)
The
federal
Americans
with
Disabilities
Act
of
1990,
42
24
U.S.C.
§12101
et
seq.
25
b.
Supersede,
abrogate,
or
preempt
any
federal
law,
rule,
26
or
regulation.
27
c.
Relieve
any
person
from
any
duties,
obligations,
or
28
requirements
imposed
by
federal
law.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
discipline
of
students
who
exhibit
33
disorderly
conduct
in
the
classroom
and
who
are
enrolled
in
34
school
districts,
charter
schools,
or
innovation
zone
schools.
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The
bill
authorizes
a
teacher
to
exclude
from
the
teacher’s
1
classroom
and
place
under
the
supervision
of
the
principal
2
any
student
who,
while
in
the
teacher’s
classroom,
engages
in
3
disorderly
conduct;
threatens,
abuses,
intimidates,
or
attempts
4
to
intimidate
another
student
or
any
school
employee;
or
uses
5
abusive
or
profane
language.
A
student
who
is
enrolled
in
6
kindergarten
through
grade
five,
and
who
was
excluded
from
a
7
teacher’s
classroom,
shall
not
be
readmitted
to
the
teacher’s
8
classroom
until
after
the
principal
provides
written
notice
to
9
the
teacher
indicating
that
the
student
will
be
readmitted.
A
10
student
who
is
enrolled
in
grades
6
through
12,
and
who
was
11
excluded
from
a
teacher’s
classroom,
shall
not
be
readmitted
12
to
the
teacher’s
classroom
until
after
the
principal
provides
13
written
notice
to
the
teacher
indicating
that
the
student
will
14
be
readmitted,
and
such
student
shall
not
be
readmitted
to
the
15
teacher’s
classroom
until,
at
the
earliest,
the
immediately
16
subsequent
school
day.
17
The
bill
provides
that
if
the
principal
determines
that
18
disciplinary
action
should
be
taken
against
a
student
who
was
19
excluded
from
a
teacher’s
classroom
pursuant
to
the
bill’s
20
provisions,
then
the
principal
is
required
to
take
such
21
disciplinary
action
and
provide
notice
of
such
disciplinary
22
action
to
the
student’s
parent
or
guardian.
If
a
student
23
was
excluded
from
a
teacher’s
classroom
for
the
remainder
24
of
a
school
day
three
times
in
any
30-day
period,
then
the
25
principal
is
required
to
discipline
the
student
by
either
26
assigning
the
student
to
in-school
or
out-of-school
suspension
27
or
recommending
to
the
superintendent
that
the
student
be
28
placed
in
an
alternative
learning
environment
that
has
been
29
approved
by
the
superintendent.
In
addition,
if
a
student
30
was
excluded
from
a
teacher’s
classroom
because
the
student’s
31
conduct,
statements,
or
other
actions
were
severe
or
pervasive,
32
then,
if
requested
by
the
teacher,
the
principal
shall
impose
33
the
maximum
amount
of
punishment
applicable
to
such
conduct,
34
statements,
or
other
actions
as
provided
in
policies
adopted
by
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the
board
of
directors
of
the
school
district
or
the
governing
1
board
of
the
charter
school
or
innovation
zone
school.
2
The
bill
authorizes
a
teacher
to
appeal
a
principal’s
3
refusal
to
allow
the
teacher
to
exclude
a
student
from
the
4
teacher’s
classroom,
and
a
principal’s
readmission
of
a
5
student
to
a
teacher’s
classroom
prior
to
the
time
such
student
6
should
have
been
readmitted,
to
the
board
of
directors
of
7
the
school
district
or
the
governing
board
of
the
charter
8
school
or
innovation
zone
school.
The
bill
prohibits
the
9
board
of
directors
of
a
school
district
or
the
governing
board
10
of
a
charter
school
or
innovation
zone
school
from
taking
11
any
disciplinary
action
against
a
teacher
for
exercising
12
the
teacher’s
appeal
rights
provided
in
the
bill.
The
bill
13
establishes
enforcement
mechanisms
in
the
event
the
board
14
of
directors
of
the
school
district
or
the
governing
board
15
of
the
charter
school
or
innovation
zone
school
does
take
16
a
disciplinary
action
against
a
teacher
for
exercising
the
17
teacher’s
appeal
rights
provided
in
the
bill.
18
The
bill
grants
school
district,
charter
school,
and
19
innovation
zone
school
employees
immunity
from
any
civil
or
20
criminal
liability
which
might
otherwise
be
incurred
or
imposed
21
as
a
result
of
physical
contact
that
occurs
when
the
employee
22
is
addressing
a
student’s
conduct,
statements,
or
other
actions
23
for
which
the
student
could
be
excluded
from
a
teacher’s
24
classroom
if
the
physical
contact
complies
with
Code
section
25
280.21(2)
(corporal
punishment
——
burden
of
proof).
26
The
bill
provides
that
if
a
teacher
faces
legal
action,
27
disciplinary
action,
or
professional
sanctions
for
an
action
28
the
teacher
takes
under
the
teacher’s
approved
classroom
29
management
plan,
there
shall
be
a
rebuttable
presumption
in
30
such
proceeding
that
the
teacher’s
action
was
necessary
to
31
restore
and
maintain
the
safety
or
instruction
atmosphere
of
32
the
teacher’s
classroom.
33
The
bill
requires
the
board
of
directors
of
a
school
district
34
and
the
governing
board
of
a
charter
school
or
innovation
zone
35
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2122
school
to
immediately
grant
a
teacher
a
leave
of
absence
for
1
physical
and
mental
recovery
with
full
pay
for
at
least
five
2
days
if
the
teacher
is
injured
due
to
a
student’s
disorderly
3
conduct.
4
The
bill
requires
a
principal
to
carry
out
the
principal’s
5
responsibilities
under
the
bill’s
provisions
in
an
expeditious
6
manner
and
to
carry
out
other
specified
responsibilities
in
an
7
expeditious
manner.
8
The
bill
requires
the
policies
adopted
by
the
board
of
9
directors
of
each
school
district
and
the
governing
board
10
of
each
charter
school
pursuant
to
Code
section
279.65A
11
(discipline
of
students
who
make
threats
of
violence
or
12
cause
incidents
of
violence)
to
be
consistent
with
the
bill’s
13
provisions.
14
The
bill
defines
“disorderly
conduct”,
“principal”,
and
15
“teacher”.
16
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