Read the full stored bill text
House
File
2420
-
Introduced
HOUSE
FILE
2420
BY
THOMSON
A
BILL
FOR
An
Act
relating
to
education,
including
by
establishing
1
the
office
of
the
inspector
general
for
school
safety
2
and
modifying
the
duties
of
school
districts,
and
making
3
appropriations
and
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
6152HH
(3)
91
jda/jh
H.F.
2420
Section
1.
NEW
SECTION
.
256J.1
Office
of
inspector
general
1
for
school
safety
established.
2
The
office
of
inspector
general
for
school
safety
is
3
established
to
exercise
independent
investigative
and
oversight
4
authority
over
schools.
5
Sec.
2.
NEW
SECTION
.
256J.2
Definitions.
6
As
used
in
this
chapter:
7
1.
“Administrator”
means
the
same
as
defined
in
section
8
256.145.
9
2.
“Disciplinary
action”
means
termination
of
employment
10
or
the
contractual
relationship,
suspension
from
employment,
11
demotion,
financial
penalties,
failing
to
take
action
12
regarding
an
employee’s
or
contractor’s
promotion
or
proposed
13
promotion,
failing
to
provide
an
advantage
in
employment
or
the
14
contractual
relationship,
and
written
or
verbal
reprimands.
15
3.
“Discipline”
means
a
formal
action
taken
by
a
school
or
16
the
board
of
directors
of
a
school
that
results
in
suspension,
17
expulsion,
reassignment,
or
other
long-term
change
in
the
18
student’s
educational
placement
and
that
requires
procedural
19
protections
under
federal
or
state
law.
“Discipline”
does
20
not
include
temporary
classroom
removal
when
the
temporary
21
classroom
removal
is
conducted
pursuant
to
school
policy
and
22
state
law.
23
4.
“Material
school
safety
incident”
means
an
occurrence
24
presenting
an
objectively
reasonable
risk
of
serious
physical
25
harm
or
death
on
school
property
or
at
a
school-sponsored
26
event,
including
all
of
the
following:
27
a.
Serious
school
safety
failures.
28
b.
Systemic
risks.
29
c.
Administrative
noncompliance
related
to
federal
and
state
30
school
safety
requirements.
31
5.
“Reasonable
justification”
includes
but
is
not
limited
32
to
all
of
the
following:
33
a.
Immediate
medical
response.
34
b.
Imminent
safety
stabilization.
35
-1-
LSB
6152HH
(3)
91
jda/jh
1/
17
H.F.
2420
c.
Reliance
on
an
internal
reporting
chain
that
the
1
employee,
contractor,
volunteer,
or
school
resource
officer
2
reasonably
believed
would
satisfy
the
requirements
of
this
3
chapter.
4
6.
“School”
means
a
school
district
as
described
in
chapter
5
274.
6
7.
“School
resource
officer”
means
the
same
as
defined
in
7
34
U.S.C.
§10389.
8
8.
“Teacher”
means
the
same
as
defined
in
section
256.145.
9
9.
“Temporary
classroom
removal”
means
the
immediate
removal
10
of
a
student
from
a
classroom
or
instructional
setting
by
a
11
teacher
or
administrator
for
reasons
of
safety
or
material
12
disruption,
pending
further
review.
13
Sec.
3.
NEW
SECTION
.
256J.3
Inspector
general
for
school
14
safety
——
appointment
——
salary
——
removal.
15
1.
The
inspector
general
for
school
safety
shall
be
the
head
16
of
the
office
of
inspector
general
for
school
safety.
17
2.
a.
The
governor
shall
appoint
the
inspector
general
18
for
school
safety
subject
to
confirmation
by
the
senate.
The
19
inspector
general
for
school
safety
must
have
substantial
20
professional
experience
in
any
one
of
the
following
fields:
21
(1)
Law.
22
(2)
Auditing
or
compliance.
23
(3)
Law
enforcement.
24
(4)
Regulatory
or
governmental
investigations.
25
b.
The
term
of
office
for
the
inspector
general
for
school
26
safety
is
six
years
beginning
and
ending
as
provided
in
section
27
69.19.
28
c.
The
governor
may
reappoint
an
individual
to
serve
as
the
29
inspector
general
for
school
safety.
30
3.
The
salary
of
the
inspector
general
for
school
safety
31
shall
be
fixed
by
the
governor.
32
4.
a.
The
inspector
general
for
school
safety
may
be
33
removed
by
the
governor
for
inefficiency,
neglect
of
duty,
or
34
malfeasance
in
office,
subject
to
the
requirements
established
35
-2-
LSB
6152HH
(3)
91
jda/jh
2/
17
H.F.
2420
in
this
subsection.
1
b.
The
governor
must
provide
to
the
senate
standing
2
committee
on
government
oversight
a
written
notice
describing
3
the
rationale
for
removal
that
includes
case-specific
findings
4
not
less
than
thirty
days
prior
to
the
effective
date
of
5
removal.
6
c.
Judicial
review
of
the
governor’s
removal
of
the
7
inspector
general
for
school
safety
is
limited
to
whether
the
8
removal
was
supported
by
a
facially
sufficient
statement
of
9
cause
and
complied
with
procedural
requirements.
Proceedings
10
for
judicial
review
shall
be
instituted
by
filing
a
petition
in
11
Polk
county
district
court.
The
supreme
court
shall
prescribe
12
rules
to
expedite
the
resolution
of
appeals
from
orders
entered
13
by
the
Polk
county
district
court
pursuant
to
this
paragraph.
14
Sec.
4.
NEW
SECTION
.
256J.4
Duties
and
powers
of
inspector
15
general
for
school
safety.
16
1.
The
inspector
general
for
school
safety
shall
do
all
of
17
the
following:
18
a.
Investigate
reports
that
involve
any
of
the
following:
19
(1)
Physical
assaults
or
attempted
assaults
on
school
20
property
or
at
a
school-sponsored
event
that
result
in
bodily
21
injury
requiring
professional
medical
attention.
22
(2)
Credible
threats
of
violence
against
a
student
enrolled
23
in
a
school,
or
an
employee
of
a
school,
that
require
law
24
enforcement
notification.
25
(3)
Possession
of
a
dangerous
weapon
by
a
student
enrolled
26
in
a
school
on
school
property
or
at
a
school-sponsored
event.
27
(4)
A
credible
attempt
by
a
student
enrolled
in
a
school
to
28
do
any
of
the
following:
29
(a)
Possess
a
dangerous
weapon
on
school
property
or
at
a
30
school-sponsored
event.
31
(b)
Introduce
a
dangerous
weapon
onto
school
property
or
32
into
a
school-sponsored
event.
33
(5)
School-wide
or
school
attendance
center-wide
lockdowns
34
that
last
longer
than
fifteen
minutes
or
that
require
law
35
-3-
LSB
6152HH
(3)
91
jda/jh
3/
17
H.F.
2420
enforcement
intervention.
1
b.
In
carrying
out
the
inspector
general
for
school
safety’s
2
duties
and
powers,
comply
with
all
applicable
federal
and
state
3
law,
including
all
of
the
following:
4
(1)
The
federal
Individuals
with
Disabilities
Education
5
Act,
20
U.S.C.
§1400
et
seq.
6
(2)
Section
504
of
the
federal
Rehabilitation
Act
of
1973,
7
29
U.S.C.
§794.
8
(3)
The
federal
Americans
with
Disabilities
Act
of
1990,
42
9
U.S.C.
§12101
et
seq.
10
(4)
The
federal
Family
Educational
Rights
and
Privacy
Act,
11
20
U.S.C.
§1232g.
12
2.
The
inspector
general
for
school
safety
may
do
all
of
the
13
following:
14
a.
Employ
personnel,
including
investigators,
auditors,
15
attorneys,
and
administrative
staff,
and
assign
duties
and
16
responsibilities
of
the
office
of
inspector
general
for
school
17
safety.
18
b.
Investigate
material
school
safety
incidents.
This
19
paragraph
shall
not
be
construed
to
authorize
the
inspector
20
general
for
school
safety
to
investigate
any
of
the
following:
21
(1)
Routine
school
disciplinary
matters.
22
(2)
Curriculum.
23
(3)
Instructional
methods.
24
(4)
Pedagogical
judgments.
25
c.
Administratively
close,
or
decline
to
investigate,
26
matters
that
the
inspector
general
for
school
safety
determines
27
are
demonstrably
trivial
or
fully
mitigated
within
twenty-four
28
hours
without
recurrence.
29
d.
Issue
subpoenas
of
all
kinds
for
nonprivileged
documents,
30
records,
footage,
and
testimony.
If
a
witness
either
fails
31
or
refuses
to
obey
a
subpoena
issued
by
the
inspector
general
32
for
school
safety,
the
inspector
general
for
school
safety
may
33
petition
the
district
court
having
jurisdiction
for
an
order
34
directing
obedience
to
the
subpoena.
If
the
court
finds
that
35
-4-
LSB
6152HH
(3)
91
jda/jh
4/
17
H.F.
2420
the
subpoena
should
be
obeyed,
the
court
shall
enter
an
order
1
requiring
obedience
to
the
subpoena,
and
refusal
to
obey
the
2
court
order
is
subject
to
punishment
for
contempt.
3
e.
(1)
Upon
the
completion
of
an
investigation,
issue
4
corrective
directives
that
are
binding
on
schools.
A
5
corrective
directive
may
require
a
school
to
take
measures
that
6
are
reasonably
necessary
to
remediate
a
specific
safety
risk,
7
including
but
not
limited
to
any
of
the
following:
8
(a)
Development
or
revision
of
safety
plans,
including
9
high-quality
school
building
emergency
operations
plans
10
developed
pursuant
to
section
280.30.
11
(b)
Development
or
revision
of
employee
training
schedules.
12
(c)
Policy,
procedural,
or
organizational
changes,
13
including
revisions
to
job
descriptions
and
supervisory
14
structures
that
are
limited
to
addressing
the
specific
safety
15
risk.
16
(2)
(a)
A
corrective
directive
issued
pursuant
to
this
17
paragraph
is
subject
to
administrative
appeal
to
the
department
18
of
inspections,
appeals,
and
licensing.
The
inspector
general
19
for
school
safety
shall
provide
a
school
with
written
notice
20
of
the
allegations
and
evidence
at
least
ten
days
prior
to
the
21
administrative
proceeding.
A
school
may
be
represented
by
22
counsel
during
the
administrative
proceeding
and
may
present
23
evidence
and
cross-examine
witnesses.
24
(b)
The
administrative
law
judges
employed
by
the
25
department
of
inspections,
appeals,
and
licensing
shall
apply
26
a
substantial
evidence
standard
of
review
to
the
inspector
27
general
for
school
safety’s
findings
of
fact
in
the
corrective
28
directive.
29
(c)
The
administrative
law
judges
employed
by
the
30
department
of
inspections,
appeals,
and
licensing
shall
apply
a
31
de
novo
standard
of
review
to
the
inspector
general
for
school
32
safety’s
conclusions
of
law
in
the
corrective
directive.
33
(d)
Judicial
review
of
decisions
or
orders
of
the
department
34
of
inspections,
appeals,
and
licensing
under
this
subparagraph
35
-5-
LSB
6152HH
(3)
91
jda/jh
5/
17
H.F.
2420
may
be
sought
in
accordance
with
chapter
17A.
1
(3)
This
paragraph
shall
not
be
construed
to
do
any
of
the
2
following:
3
(a)
Authorize
the
inspector
general
for
school
safety
to
4
issue
a
corrective
directive
that
orders
a
disciplinary
action
5
to
be
taken
against
any
particular
employee
or
contractor
of
6
the
school.
7
(b)
Limit
the
authority
of
the
inspector
general
for
school
8
safety
to
issue
a
corrective
directive
that
addresses
any
of
9
the
following:
10
(i)
Systemic
failures.
11
(ii)
Policies
or
practices.
12
(iii)
Training
deficiencies.
13
(iv)
Structural
noncompliance
with
safety
or
reporting
14
requirements.
15
f.
(1)
Order
a
school
to
temporarily
suspend
the
duties
16
of
an
administrator,
with
pay,
pending
completion
of
an
17
investigation,
if
the
inspector
general
for
school
safety
18
provides
written
notice
containing
findings
to
the
board
of
19
directors
of
the
school
that
the
administrator’s
continued
20
presence
at
the
school
would
do
any
of
the
following:
21
(a)
Materially
interfere
with
an
investigation
being
22
conducted
by
the
inspector
general
for
school
safety.
23
(b)
Pose
an
ongoing,
substantial
safety
risk.
24
(2)
An
administrator
suspended
pursuant
to
this
paragraph
25
may
immediately
appeal
the
suspension
in
accordance
with
26
chapter
17A.
27
g.
(1)
Issue
required
school
board
consideration
orders
28
that
direct
the
board
of
directors
of
a
school
to
formally
29
consider
and
act
upon
the
inspector
general
for
school
safety’s
30
recommendations
related
to
specific
students,
including
31
recommendations
to
do
any
of
the
following:
32
(a)
Temporarily
remove
the
student
from
the
classroom,
or
33
reassign
the
student,
pending
completion
of
lawful
disciplinary
34
proceedings.
35
-6-
LSB
6152HH
(3)
91
jda/jh
6/
17
H.F.
2420
(b)
Refer
the
student
to
alternative
educational
programs.
1
(2)
If
a
consideration
order
directs
the
board
of
directors
2
of
a
school
to
formally
consider
and
act
upon
a
recommendation
3
related
to
a
placement
change
for
a
student
with
a
disability,
4
the
board
of
directors
of
the
school
shall
not
direct
that
such
5
placement
change
be
made
until
a
manifestation
determination
6
review
meeting,
as
required
under
section
504
of
the
federal
7
Rehabilitation
Act,
29
U.S.C.
§794,
takes
place.
8
(3)
This
paragraph
shall
not
be
construed
to
alter
the
9
school’s
final
authority
to
make
decisions
related
to
student
10
placement
and
the
discipline
of
students
that
comply
with
11
federal
and
state
law
and
applicable
due
process
requirements.
12
h.
Refer
matters
directly
to
all
of
the
following:
13
(1)
County
attorneys.
14
(2)
The
attorney
general.
15
(3)
Appropriate
federal
authorities,
when
criminal
conduct
16
is
suspected.
17
i.
(1)
After
providing
written
notice
to
a
school
that
has
18
violated
this
chapter,
assess
against
the
school
reasonable,
19
documented
costs
of
investigations,
hearings,
and
compliance
20
monitoring
related
to
the
school
that
are
proportional
to
the
21
actual
costs
incurred
by
the
inspector
general
for
school
22
safety.
A
school
may
appeal
assessments
to
the
state
appeal
23
board.
24
(2)
If
a
school
fails
to
pay
the
inspector
general
for
25
school
safety
an
assessment
under
subparagraph
(1)
that
was
26
not
appealed
or
that
was
upheld
on
appeal,
then
the
state
aid
27
paid
to
the
school
pursuant
to
section
257.16
for
a
fiscal
28
year
is
reduced
in
an
amount
equal
to
the
amount
of
the
unpaid
29
assessment,
and
the
department
of
management
shall
pay
to
the
30
inspector
general
for
school
safety
an
amount
equal
to
the
31
amount
of
state
aid
that
was
reduced.
32
Sec.
5.
NEW
SECTION
.
256J.5
Duty
to
report
——
enforcement.
33
1.
a.
Each
school
employee,
contractor
engaged
by
a
34
school,
volunteer
engaged
by
a
school,
and
school
resource
35
-7-
LSB
6152HH
(3)
91
jda/jh
7/
17
H.F.
2420
officer
engaged
by
a
school
shall
report
material
school
safety
1
incidents
to
the
office
of
the
inspector
general
for
school
2
safety
within
forty-eight
hours
after
the
employee,
contractor,
3
volunteer,
or
school
resource
officer
has
actual
knowledge
of
4
the
material
school
safety
incident.
5
b.
For
purposes
of
this
subsection,
a
school
employee,
6
contractor,
volunteer,
or
school
resource
officer
has
actual
7
knowledge
of
a
material
school
safety
incident
when
an
8
administrator
employed
by
the
school
who
is
responsible
for
9
responding
to
material
school
safety
incidents
provides
to
the
10
employee,
contractor,
volunteer,
or
school
resource
officer
a
11
written
or
electronic
report
describing
the
material
school
12
safety
incident.
13
2.
a.
A
school
employee,
contractor
engaged
by
a
school,
14
volunteer
engaged
by
a
school,
or
school
resource
officer
15
engaged
by
a
school
who
knowingly
and
willfully,
with
intent
16
to
conceal
or
obstruct,
fails
to
report
a
material
school
17
safety
incident
as
required
under
subsection
1,
paragraph
18
“a
”,
is
guilty
of
a
simple
misdemeanor,
unless
the
employee,
19
contractor,
volunteer,
or
school
resource
officer
has
a
20
reasonable
justification
for
failing
to
report
the
material
21
school
safety
incident.
22
b.
A
school
employee,
contractor
engaged
by
a
school,
23
volunteer
engaged
by
a
school,
or
school
resource
officer
24
engaged
by
a
school
who
knowingly
and
willfully,
with
intent
to
25
conceal
or
obstruct,
fails
to
report
a
material
school
safety
26
incident
as
required
under
subsection
1,
paragraph
“a”
,
for
the
27
second
time,
is
guilty
of
a
serious
misdemeanor,
unless
the
28
employee,
contractor,
volunteer,
or
school
resource
officer
has
29
a
reasonable
justification
for
failing
to
report
the
material
30
school
safety
incident.
31
c.
A
school
employee,
contractor
engaged
by
a
school,
32
volunteer
engaged
by
a
school,
or
school
resource
officer
33
engaged
by
a
school
who
knowingly
and
willfully,
with
intent
to
34
conceal
or
obstruct,
fails
to
report
a
material
school
safety
35
-8-
LSB
6152HH
(3)
91
jda/jh
8/
17
H.F.
2420
incident
as
required
under
subsection
1,
paragraph
“a”
,
for
the
1
third
or
subsequent
time,
is
guilty
of
a
class
“D”
felony
for
2
each
violation,
unless
the
employee,
contractor,
volunteer,
3
or
school
resource
officer
has
a
reasonable
justification
for
4
failing
to
report
the
material
school
safety
incident.
5
Sec.
6.
NEW
SECTION
.
256J.6
Civil
cause
of
action.
6
1.
A
student
enrolled
in
a
school,
the
parent
or
guardian
of
7
a
student
enrolled
in
a
school,
a
school
employee,
a
contractor
8
engaged
by
a
school,
a
volunteer
engaged
by
a
school,
or
a
9
school
resource
officer
engaged
by
a
school
may
bring
a
civil
10
cause
of
action
for
injunctive
relief,
actual
compensatory
11
damages,
including
provable
emotional
distress
damages
for
12
claims
described
in
paragraph
“c”
,
reasonable
attorney
fees,
13
and
court
costs
against
a
school
for
any
of
the
following:
14
a.
A
school
employee’s,
contractor’s,
volunteer’s,
or
school
15
resource
officer’s
failure
to
report
a
material
school
safety
16
incident
to
the
office
of
the
inspector
general
for
school
17
safety
as
required
under
section
256J.5,
subsection
1.
18
b.
A
school
employee’s,
contractor’s,
volunteer’s,
or
school
19
resource
officer’s
interference
with
another
school
employee’s,
20
contractor’s,
volunteer’s,
or
school
resource
officer’s
attempt
21
to
report
a
material
school
safety
incident
to
the
office
of
22
the
inspector
general
for
school
safety
as
required
under
23
section
256J.5,
subsection
1.
24
c.
A
school’s
or
school
employee’s
disciplinary
action
taken
25
against
an
employee,
contractor,
volunteer,
or
school
resource
26
officer
for
reporting
a
material
school
safety
incident
to
the
27
office
of
the
inspector
general
for
school
safety
as
required
28
under
section
256J.5,
subsection
1.
29
d.
A
school’s
failure
to
comply
with
a
final
corrective
30
directive
issued
pursuant
to
section
256J.4,
subsection
2,
31
paragraph
“e”
,
that
was
not
appealed
or
that
was
upheld
on
32
appeal.
33
2.
A
civil
action
instituted
under
subsection
1
shall
not
34
be
maintained
in
any
contested
case
unless
the
civil
action
35
-9-
LSB
6152HH
(3)
91
jda/jh
9/
17
H.F.
2420
is
commenced
within
two
years
from
the
date
the
student,
the
1
parent
or
guardian
of
a
student,
school
employee,
contractor
2
engaged
by
a
school,
volunteer
engaged
by
a
school,
or
school
3
resource
officer
engaged
by
a
school
knew
or
should
have
4
known
of
the
failures
or
actions
described
in
subsection
1,
5
paragraphs
“a”
through
“d”
.
6
3.
a.
A
student
enrolled
in
a
school,
the
parent
or
7
guardian
of
a
student
enrolled
in
a
school,
a
school
employee,
8
a
contractor
engaged
by
a
school,
a
volunteer
engaged
by
a
9
school,
or
a
school
resource
officer
engaged
by
a
school
shall
10
not
bring
a
civil
action
under
subsection
1
unless
the
student,
11
parent
or
guardian,
employee,
contractor,
volunteer,
or
school
12
resource
officer
has
exhausted
all
administrative
remedies
13
provided
under
this
chapter.
14
b.
Notwithstanding
paragraph
“a”
,
a
student
enrolled
in
15
a
school,
the
parent
or
guardian
of
a
student
enrolled
in
a
16
school,
a
school
employee,
a
contractor
engaged
by
a
school,
17
a
volunteer
engaged
by
a
school,
or
a
school
resource
officer
18
engaged
by
a
school
may
bring
a
civil
action
under
subsection
19
1
without
exhausting
all
administrative
remedies
provided
20
under
this
chapter
in
cases
involving
irreparable
harm
or
21
disciplinary
action
described
in
subsection
1,
paragraph
“c”
.
22
4.
This
section
shall
not
be
construed
to
authorize
a
court
23
to
award
punitive
damages.
24
5.
Schools
shall
be
entitled
to
qualified
immunity
from
25
civil
liability
for
all
damages
arising
from
civil
actions
26
brought
under
this
section
if
the
school
employee,
contractor
27
engaged
by
the
school,
volunteer
engaged
by
the
school,
or
the
28
school
resource
officer
acted
in
good
faith.
29
6.
This
section
constitutes
a
waiver
of
any
sovereign
30
immunity
provided
to
schools
under
the
eleventh
amendment
to
31
the
Constitution
of
the
United
States.
A
school
is
not
immune
32
from
suit
or
liability
for
violations
described
in
this
section
33
and
consents
to
suit
in
federal
court
for
any
actions
arising
34
under
this
section.
35
-10-
LSB
6152HH
(3)
91
jda/jh
10/
17
H.F.
2420
Sec.
7.
NEW
SECTION
.
256J.7
School
responsibilities.
1
1.
The
board
of
directors
of
each
school
shall
comply
with
2
investigations
initiated
by
the
office
of
the
inspector
general
3
for
school
safety
under
this
chapter.
4
2.
a.
The
board
of
directors
of
each
school
shall
5
maintain
written
policies
addressing
student
safety,
classroom
6
disruption,
and
disciplinary
escalation
that
contain,
at
a
7
minimum,
provisions
related
to
all
of
the
following:
8
(1)
Procedures
for
temporary
classroom
removal.
9
(2)
Documentation
requirements.
10
(3)
Escalation
pathways
for
repeated
or
serious
incidents.
11
(4)
Coordination
with
law
enforcement
when
required
by
12
federal
or
state
law.
13
b.
When
evaluating
a
school’s
compliance
with
this
chapter,
14
the
inspector
general
for
school
safety
may
consider
whether
15
a
school
failed
to
adopt
written
policies
as
required
under
16
paragraph
“a”
or
failed
to
implement
written
policies
adopted
17
under
paragraph
“a”
.
Failure
to
adopt
or
implement
such
written
18
policies
may
constitute
evidence
of
noncompliance.
19
Sec.
8.
NEW
SECTION
.
256J.8
Reporting
requirements.
20
1.
a.
The
inspector
general
for
school
safety
shall
publish
21
on
the
office
of
the
inspector
general
for
school
safety’s
22
internet
site
all
of
the
following:
23
(1)
Any
finding
of
a
school’s
noncompliance
with
any
federal
24
or
state
law.
25
(2)
All
final
corrective
directives
issued
pursuant
to
26
section
256J.4,
subsection
2,
paragraph
“e”
,
that
were
not
27
appealed
or
that
were
upheld
on
appeal.
28
b.
All
publications
described
in
paragraph
“a”
must
be
29
properly
redacted
to
ensure
compliance
with
the
federal
Family
30
Educational
Rights
and
Privacy
Act,
20
U.S.C.
§1232g,
and
state
31
law.
32
c.
The
inspector
general
for
school
safety
may
delay
33
publication
required
under
paragraph
“a”
when
the
inspector
34
general
for
school
safety
determines
that
publication
may
35
-11-
LSB
6152HH
(3)
91
jda/jh
11/
17
H.F.
2420
compromise
an
active
criminal
investigation.
1
2.
On
or
before
December
31
each
year,
the
inspector
2
general
for
school
safety
shall
submit
to
the
general
assembly
3
an
annual
report
that
contains
information
and
aggregated
4
data
related
to
the
inspector
general
for
school
safety’s
5
investigatory
and
enforcement
activities
under
this
chapter.
6
Sec.
9.
NEW
SECTION
.
256J.9
Office
of
inspector
general
for
7
school
safety
operations
fund
——
appropriations.
8
1.
An
office
of
inspector
general
for
school
safety
9
operations
fund
is
established
in
the
state
treasury.
The
10
fund
shall
be
administered
by
the
office
of
inspector
general
11
for
school
safety
and
shall
consist
of
moneys
appropriated
by
12
the
general
assembly
and
other
moneys
received
by
the
office
13
of
inspector
general
for
school
safety
for
deposit
in
the
14
fund.
The
moneys
in
the
fund
are
appropriated
to
the
office
of
15
inspector
general
for
school
safety
for
purposes
carrying
out
16
the
office
of
inspector
general
for
school
safety’s
duties
and
17
powers
under
this
chapter.
18
2.
For
the
fiscal
year
commencing
July
1,
2026,
and
each
19
succeeding
fiscal
year,
there
is
appropriated
from
the
general
20
fund
of
the
state
to
the
office
of
inspector
general
for
school
21
safety
to
be
credited
to
the
office
of
inspector
general
for
22
school
safety
operations
fund
the
amount
necessary
to
pay
all
23
costs
associated
with
carrying
out
the
office
of
inspector
24
general
for
school
safety’s
duties
and
powers
under
this
25
chapter
for
that
fiscal
year.
26
Sec.
10.
NEW
SECTION
.
256J.10
Construction.
27
This
chapter
shall
not
be
construed
to
do
any
of
the
28
following:
29
1.
Transfer
general
authority
to
discipline
students
or
30
make
placement
decisions
from
a
school
to
the
office
of
the
31
inspector
general
for
school
safety.
32
2.
Diminish
or
impair
the
lawful
authority
of
a
teacher
to
33
maintain
order
in
a
school
setting,
including
the
authority
of
34
a
teacher
to
carry
out
a
temporary
classroom
removal
consistent
35
-12-
LSB
6152HH
(3)
91
jda/jh
12/
17
H.F.
2420
with
school
policy
and
state
law.
1
3.
Authorize
the
office
of
the
inspector
general
for
school
2
safety
to
waive,
suspend,
or
override
any
of
the
following:
3
a.
A
federal
or
state
law.
4
b.
A
federal
or
state
accreditation
standard.
5
c.
A
directive
issued
by
an
area
education
agency.
6
d.
A
collective
bargaining
agreement.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
education,
including
by
establishing
11
the
office
of
the
inspector
general
for
school
safety
to
12
exercise
independent
investigative
and
oversight
authority
over
13
schools
and
modifying
the
duties
of
school
districts.
14
The
bill
provides
that
the
inspector
general
for
school
15
safety
is
the
head
of
the
office
of
the
inspector
general
for
16
school
safety.
The
governor
is
responsible
for
appointing
the
17
inspector
general
for
school
safety,
subject
to
confirmation
18
by
the
senate,
and
for
fixing
the
inspector
general
for
school
19
safety’s
salary.
The
bill
establishes
qualifications
and
a
20
term
of
office
for
the
inspector
general
for
school
safety.
In
21
addition,
the
bill
establishes
when
the
inspector
general
may
22
be
removed
from
office.
23
The
bill
requires
the
inspector
general
for
school
safety
to
24
investigate
reports
that
involve
physical
assaults
or
attempted
25
assaults
on
school
district
property
or
at
a
school-sponsored
26
event
that
result
in
bodily
injury
requiring
professional
27
medical
attention;
credible
threats
of
violence
against
a
28
student
or
an
employee
of
a
school
that
require
law
enforcement
29
notification;
possession
of
a
dangerous
weapon
by
a
student
30
enrolled
in
a
school
on
school
district
property
or
at
a
31
school-sponsored
event;
other
specified
actions
of
students
32
related
to
dangerous
weapons;
and
lockdowns
that
last
longer
33
than
15
minutes
or
that
require
law
enforcement
intervention.
34
The
inspector
general
for
school
safety
is
required
to
comply
35
-13-
LSB
6152HH
(3)
91
jda/jh
13/
17
H.F.
2420
with
applicable
federal
and
state
law
when
carrying
out
the
1
inspector
general
for
school
safety’s
duties
and
powers.
2
The
bill
authorizes
the
inspector
general
for
school
3
safety
to
employ
personnel
and
assign
duties
of
the
office
4
of
inspector
general
for
school
safety;
investigate
material
5
school
safety
incidents;
close
or
decline
to
investigate
6
certain
specified
matters;
issue
subpoenas;
order
a
school
7
district
to
temporarily
suspend
the
duties
of
an
administrator
8
in
certain
circumstances;
issue
required
school
board
9
consideration
orders
that
direct
the
board
of
directors
of
a
10
school
to
consider
and
act
upon
recommendations
related
to
11
specific
students;
refer
matters
to
other
law
enforcement
12
authorities;
and
assess
against
certain
school
districts
costs
13
of
investigations,
which
may
include
reductions
in
state
aid
to
14
the
school
district
if
assessments
are
not
paid.
15
The
bill
authorizes
the
inspector
general
for
school
safety
16
to,
upon
the
completion
of
an
investigation,
issue
corrective
17
directives
that
are
binding
on
school
districts.
A
corrective
18
directive
may
require
a
school
district
to
take
measures
that
19
are
reasonably
necessary
to
remediate
a
specific
safety
risk.
20
A
corrective
directive
is
subject
to
administrative
appeal
21
to
the
department
of
inspections,
appeals,
and
licensing.
22
The
bill
establishes
standards
of
review
that
administrative
23
law
judges
are
to
apply
to
the
inspector
general
of
school
24
safety’s
findings
of
fact
and
conclusions
of
law.
Judicial
25
review
of
decisions
or
orders
of
the
department
of
inspections,
26
appeals,
and
licensing
under
these
provisions
may
be
sought
in
27
accordance
with
Code
chapter
17A
(Iowa
administrative
procedure
28
Act).
29
The
bill
requires
each
school
district
employee,
contractor
30
engaged
by
a
school
district,
volunteer
engaged
by
a
school
31
district,
and
school
resource
officer
engaged
by
a
school
32
district
to
report
material
school
safety
incidents
to
the
33
office
of
the
inspector
general
for
school
safety
within
48
34
hours
after
the
employee,
contractor,
volunteer,
or
school
35
-14-
LSB
6152HH
(3)
91
jda/jh
14/
17
H.F.
2420
resource
officer
has
actual
knowledge
of
the
material
school
1
safety
incident.
The
first
time
an
employee,
contractor,
2
volunteer,
or
school
resource
officer
knowingly
and
willfully,
3
with
intent
to
conceal
or
obstruct,
fails
to
make
such
a
report
4
without
reasonable
justification,
the
individual
is
guilty
of
5
a
simple
misdemeanor.
A
simple
misdemeanor
is
punishable
by
6
confinement
for
no
more
than
30
days
and
a
fine
of
at
least
$105
7
but
not
more
than
$855.
The
second
time
such
an
individual
8
knowingly
and
willfully,
with
intent
to
conceal
or
obstruct,
9
fails
to
make
such
a
report
without
reasonable
justification,
10
the
individual
is
guilty
of
a
serious
misdemeanor.
A
serious
11
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
12
year
and
a
fine
of
at
least
$430
but
not
more
than
$2,560.
13
The
third
or
subsequent
time
such
an
individual
knowingly
14
and
willfully,
with
intent
to
conceal
or
obstruct,
fails
to
15
make
such
a
report
without
reasonable
justification,
the
16
individual
is
guilty
of
a
class
“D”
felony.
A
class
“D”
felony
17
is
punishable
by
confinement
for
no
more
than
five
years
and
a
18
fine
of
at
least
$1,025
but
not
more
than
$10,245.
19
The
bill
authorizes
a
student
enrolled
in
a
school
district,
20
the
parent
or
guardian
of
a
student
enrolled
in
a
school
21
district,
a
school
district
employee,
a
contractor
engaged
by
22
a
school
district,
a
volunteer
engaged
by
a
school
district,
23
or
a
school
resource
officer
engaged
by
a
school
district
to
24
bring
a
civil
cause
of
action
for
injunctive
relief,
actual
25
compensatory
damages,
reasonable
attorney
fees,
and
court
costs
26
against
a
school
district
for
failure
to
report
a
material
27
school
safety
incident;
interference
with
the
reporting
of
a
28
material
school
safety
incident;
taking
disciplinary
action
29
against
an
employee,
contractor,
volunteer,
or
school
resource
30
officer
for
reporting
a
material
school
safety
incident;
or
31
failure
to
comply
with
a
corrective
directive.
The
bill
32
establishes
a
two-year
statute
of
limitations
for
such
civil
33
actions
and
requires
plaintiffs
to
exhaust
administrative
34
remedies
prior
to
bringing
such
civil
actions,
except
in
35
-15-
LSB
6152HH
(3)
91
jda/jh
15/
17
H.F.
2420
certain
specified
cases.
School
districts
are
entitled
to
1
qualified
immunity
from
civil
liability
for
all
damages
arising
2
from
civil
actions
brought
under
the
bill’s
provisions
if
the
3
school
district
employee,
contractor,
volunteer,
or
the
school
4
resource
officer
acted
in
good
faith.
The
bill
waives
any
5
sovereign
immunity
provided
to
school
districts
under
federal
6
law.
7
The
bill
requires
the
board
of
directors
of
each
school
8
district
to
comply
with
investigations
initiated
by
the
office
9
of
the
inspector
general
for
school
safety
under
the
bill’s
10
provisions.
The
bill
also
requires
the
board
of
directors
of
11
each
school
district
to
maintain
written
policies
addressing
12
student
safety,
classroom
disruption,
and
disciplinary
13
escalation
that
contain
certain
specified
provisions.
The
14
inspector
general
for
school
safety
may
consider
whether
a
15
school
failed
to
adopt
written
policies,
or
failed
to
implement
16
written
policies,
when
evaluating
a
school’s
compliance
with
17
the
bill’s
provisions.
Failure
to
adopt
or
implement
such
18
written
policies
may
constitute
evidence
of
noncompliance.
19
The
bill
requires
the
inspector
general
for
school
safety
20
to
publish
certain
specified
information
on
the
office
of
the
21
inspector
general
for
school
safety’s
internet
site.
The
22
bill
also
requires
the
inspector
general
for
school
safety
to
23
submit
an
annual
report
to
the
general
assembly
that
contains
24
information
and
aggregated
data
related
to
the
inspector
25
general
for
school
safety’s
investigatory
and
enforcement
26
activities.
27
The
bill
establishes
an
office
of
inspector
general
for
28
school
safety
operations
fund
in
the
state
treasury.
For
29
FY
2026-2027,
and
each
succeeding
fiscal
year,
the
bill
30
appropriates
from
the
general
fund
of
the
state
to
the
office
31
of
inspector
general
for
school
safety
operations
fund
the
32
amount
necessary
to
pay
all
costs
associated
with
carrying
out
33
the
office
of
inspector
general
for
school
safety’s
duties
and
34
powers
under
the
bill’s
provisions
for
that
fiscal
year.
35
-16-
LSB
6152HH
(3)
91
jda/jh
16/
17
H.F.
2420
The
bill
defines
“administrator”,
“disciplinary
action”,
1
“discipline”,
“material
school
safety
incident”,
“reasonable
2
justification”,
“school”,
“school
resource
officer”,
“teacher”,
3
and
“temporary
classroom
removal”.
4
-17-
LSB
6152HH
(3)
91
jda/jh
17/
17