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House
File
2435
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Introduced
HOUSE
FILE
2435
BY
MOHR
and
VONDRAN
A
BILL
FOR
An
Act
relating
to
education,
including
by
modifying
provisions
1
related
to
when
children
may
enroll
in
kindergarten;
when
2
students
enrolled
in
kindergarten
in
school
districts,
3
charter
schools,
or
innovation
zone
schools
may
be
4
promoted
to
first
grade;
and
the
responsibilities
of
school
5
districts,
charter
schools,
and
innovation
zone
schools
6
related
to
the
discipline
of
students
who
cause
violent
or
7
nonviolent
disruptions.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
256.9,
subsection
68,
Code
2026,
is
1
amended
to
read
as
follows:
2
68.
Develop
and
distribute
to
school
districts
and
charter
3
schools
model
policies
that,
if
adopted
by
a
school
district
or
4
charter
school,
would
satisfy
the
school
district’s
or
charter
5
school’s
responsibilities
under
section
279.65A
relating
to
6
the
discipline
of
a
student
for
making
a
threat
of
violence
7
or
causing
an
incident
of
violence
that
results
in
injury
or
8
property
damage
or
assault
causing
a
violent
or
nonviolent
9
disruption
.
10
Sec.
2.
Section
256E.7,
subsection
2,
paragraph
m,
Code
11
2026,
is
amended
to
read
as
follows:
12
m.
Be
subject
to
and
comply
with
the
requirements
of
13
section
279.65A
relating
to
the
adoption
of
policies
related
14
to
the
discipline
of
a
student
for
making
a
threat
of
violence
15
or
causing
an
incident
of
violence
that
results
in
injury
or
16
property
damage
or
assault
who
causes
a
violent
or
nonviolent
17
disruption
in
the
same
manner
as
a
school
district.
18
Sec.
3.
Section
256E.7,
subsection
2,
Code
2026,
is
amended
19
by
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
0s.
Be
subject
to
and
comply
with
the
21
requirements
of
section
279.89
relating
to
retaining
certain
22
specified
students
in
kindergarten
in
the
same
manner
as
a
23
school
district.
24
Sec.
4.
Section
256F.4,
subsection
2,
Code
2026,
is
amended
25
by
adding
the
following
new
paragraphs:
26
NEW
PARAGRAPH
.
0l.
Be
subject
to
and
comply
with
the
27
requirements
of
section
279.65A
relating
to
the
adoption
of
28
policies
related
to
the
discipline
of
a
student
who
causes
a
29
violent
or
nonviolent
disruption
in
the
same
manner
as
a
school
30
district.
31
NEW
PARAGRAPH
.
0q.
Be
subject
to
and
comply
with
the
32
requirements
of
section
279.89
relating
to
retaining
certain
33
specified
students
in
kindergarten
in
the
same
manner
as
a
34
school
district.
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Sec.
5.
Section
279.65A,
Code
2026,
is
amended
to
read
as
1
follows:
2
279.65A
Discipline
of
students
who
make
threats
of
violence
3
or
cause
incidents
of
violence
cause
violent
or
nonviolent
4
disruptions
——
teacher
authority
.
5
1.
The
board
of
directors
of
each
school
district
shall
6
adopt,
in
collaboration
with
teachers
and
administrative
staff
7
employed
by
the
school
district,
policies
for
different
grade
8
levels
that
describe
how
a
school
district
may
discipline
a
9
student
for
making
a
threat
of
violence
or
causing
an
incident
10
of
violence
that
results
in
injury
or
property
damage
or
11
assault
causing
a
violent
disruption
or
nonviolent
disruption
.
12
All
of
the
following
shall
apply
to
the
policies:
13
1.
a.
The
policies
must
incorporate
strategies
that
are
14
designed
to
correct
the
student’s
behavior.
15
2.
b.
The
policies
must
provide
for
parent
or
guardian
16
conferences,
counseling
sessions,
or
mental
health
counseling
17
sessions,
when
appropriate.
The
policies
must
provide
that
18
the
school
district
must
receive
the
prior
written
consent
of
19
the
student’s
parent
or
guardian
before
requiring
the
student
20
to
participate
in
a
counseling
session
or
a
mental
health
21
counseling
session.
22
3.
c.
The
policies
must
be
consistent
with
the
all
of
the
23
following:
24
(1)
The
provisions
of
chapter
256B
,
and
the
administrative
25
rules
adopted
by
the
state
board
for
purposes
of
chapter
256B
,
26
the
federal
.
27
(2)
The
federal
Individuals
with
Disabilities
Education
28
Act,
20
U.S.C.
§1400
et
seq.
,
and
the
federal
.
29
(3)
The
federal
Rehabilitation
Act
of
1973,
as
amended
and
30
codified
in
29
U.S.C.
§701
et
seq.
31
(4)
The
federal
Family
Educational
Rights
and
Privacy
Act,
32
20
U.S.C.
§1232g
et
seq.
33
(5)
The
federal
Americans
with
Disabilities
Act
of
1990,
42
34
U.S.C.
§12101
et
seq.
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4.
d.
The
policies
must
provide
for
escalating
levels
of
1
discipline
each
time
the
student
makes
a
threat
of
violence
2
or
causes
an
incident
of
violence
that
results
in
injury
or
3
property
damage
or
assault
causes
a
violent
disruption
or
4
nonviolent
disruption
.
5
5.
e.
The
policies
must
allow
for
the
school
district
6
to
select
the
level
of
discipline
that
the
school
district
7
determines
corresponds
to
the
severity
of
the
threat
of
8
violence
or
incident
of
violence
violent
disruption
or
9
nonviolent
disruption
.
10
6.
f.
The
policies
must
allow
the
school
district
to
11
suspend
the
student,
permanently
remove
the
student
from
a
12
particular
class,
expel
the
student,
or
place
the
student
in
13
an
alternative
learning
environment,
including
a
therapeutic
14
classroom,
when
appropriate.
15
7.
g.
The
policies
must
require
an
individualized
education
16
program
meeting
if
the
student
who
made
the
threat
of
violence
17
or
caused
the
incident
of
violence
that
resulted
in
injury
18
or
property
damage
or
assault
caused
a
violent
disruption
or
19
nonviolent
disruption,
or
who
was
removed
from
the
classroom
20
pursuant
to
this
subsection,
has
an
individualized
education
21
program.
22
h.
(1)
The
policies
must
require
each
attendance
center
23
within
the
school
district
to
create
a
placement
review
24
committee
that
is
responsible
for
determining
when
a
student
25
who
was
removed
from
a
classroom
pursuant
to
paragraph
“i”
or
26
“j”
may
return
to
the
classroom.
27
(2)
The
placement
review
committee
must
consist
of
all
of
28
the
following
members:
29
(a)
Two
teachers
who
work
in
the
attendance
center
and
who
30
must
be
selected
by
the
teachers
of
the
attendance
center.
31
(b)
One
professional
staff
member
who
works
in
the
32
attendance
center
and
who
must
be
selected
by
the
principal
of
33
the
attendance
center.
34
i.
(1)
(a)
The
policies
must
authorize
a
teacher
to
remove
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a
student
who
causes
a
nonviolent
disruption
from
the
teacher’s
1
classroom
and
place
the
student
under
the
supervision
of
the
2
principal
of
the
attendance
center
in
which
the
classroom
is
3
located,
or
the
principal’s
designee,
for
at
least
thirty
4
minutes,
as
determined
by
the
principal
or
the
principal’s
5
designee
in
accordance
with
the
policies.
6
(b)
The
policies
must
prohibit
the
principal,
or
the
7
principal’s
designee,
from
returning
a
student
who
is
removed
8
from
the
classroom
pursuant
to
subparagraph
division
(a)
to
9
the
teacher’s
classroom
without
the
teacher’s
consent,
unless
10
the
placement
review
committee
determines
that
the
student
11
should
be
returned
to
the
classroom
pursuant
to
paragraph
“h”
,
12
subparagraph
(1).
13
(c)
The
policies
must
require
the
principal,
or
the
14
principal’s
designee,
to
inform
the
teacher
of
the
disciplinary
15
actions
taken
against
the
student
removed
from
the
classroom
16
pursuant
to
subparagraph
division
(a)
as
soon
as
is
reasonably
17
possible
after
the
student’s
removal.
18
(d)
The
policies
must
require
a
student
who
is
removed
from
19
the
classroom
pursuant
to
subparagraph
division
(a)
to
make
up
20
any
work
that
the
student
missed
while
the
student
was
under
21
the
supervision
of
the
principal
or
the
principal’s
designee.
22
(2)
The
policies
must
require
that,
if
a
student
is
23
removed
from
a
teacher’s
classroom
pursuant
to
subparagraph
24
(1),
subparagraph
division
(a),
more
than
once
in
one
school
25
year,
the
teacher
or
teachers
who
removed
the
student
from
the
26
classroom;
the
principal
of
the
attendance
center
in
which
27
the
classroom
or
classrooms
are
located;
a
qualified
guidance
28
counselor
licensed
by
the
board
of
educational
examiners
under
29
chapter
256,
subchapter
VII,
part
3;
the
student’s
parent
or
30
legal
guardian,
if
the
student
is
not
an
emancipated
minor;
31
and
the
student
shall
participate
in
a
meeting
to
discuss
the
32
student’s
nonviolent
disruptions
and
to
establish
a
behavioral
33
plan
and
a
course
of
discipline
to
correct
the
student’s
34
behavior,
which
may
include
placement
in
an
alternative
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learning
environment,
including
a
therapeutic
classroom,
when
1
appropriate.
2
j.
(1)
The
policies
must
require
a
teacher
to
remove
a
3
student
who
causes
a
violent
disruption
from
the
teacher’s
4
classroom
and
place
the
student
under
the
supervision
of
the
5
principal
of
the
attendance
center
in
which
the
classroom
is
6
located,
or
the
principal’s
designee.
7
(2)
(a)
The
policies
must
prohibit
the
principal,
or
8
the
principal’s
designee,
from
returning
a
student
who
is
9
removed
from
the
classroom
pursuant
to
subparagraph
(1)
to
10
the
teacher’s
classroom
without
the
teacher’s
consent,
unless
11
the
placement
review
committee
determines
that
the
student
12
should
be
returned
to
the
classroom
pursuant
to
paragraph
“h”
,
13
subparagraph
(1).
14
(b)
Notwithstanding
paragraph
“h”
,
subparagraph
(1),
and
15
subparagraph
division
(a),
the
policies
must
provide
that
the
16
placement
review
committee
shall
not
have
the
authority
to
17
require
a
student
to
return
to
a
teacher’s
classroom
if
all
of
18
the
following
criteria
are
satisfied:
19
(i)
The
teacher
removed
the
student
from
the
teacher’s
20
classroom
because
the
student
caused
a
violent
disruption
that
21
included
the
student
assaulting
the
teacher.
22
(ii)
The
teacher
does
not
consent
to
allowing
the
student
to
23
return
to
the
teacher’s
classroom.
24
(3)
The
policies
must
require
that
a
student
removed
25
from
the
classroom
pursuant
to
this
paragraph
be
suspended,
26
expelled,
or
placed
in
an
alternative
learning
environment,
27
including
a
therapeutic
classroom,
when
appropriate,
as
28
determined
by
the
principal
of
the
attendance
center
in
which
29
the
classroom
is
located
in
accordance
with
the
policies.
30
8.
k.
The
policies
must
be
published
on
the
school
31
district’s
internet
site
and
in
applicable
student
handbooks.
32
2.
For
purposes
of
this
section:
33
a.
“Nonviolent
disruption”
includes
but
is
not
limited
to
a
34
disruption
to
classroom
instruction
that
is
a
result
of
any
of
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the
following:
1
(1)
Disorderly
conduct.
2
(2)
Abusive
or
profane
language.
3
(3)
Bullying,
as
defined
under
section
280.28.
4
(4)
Repeatedly
disruptive
behavior.
5
b.
“Violent
disruption”
includes
but
is
not
limited
to
6
a
disruption
to
classroom
instruction
that
is
a
result
of
a
7
threat
of
violence
or
an
incident
of
violence
that
results
in
8
any
of
the
following:
9
(1)
Injury.
10
(2)
Property
damage.
11
(3)
Assault,
as
defined
under
section
708.1.
12
Sec.
6.
NEW
SECTION
.
279.89
Retention
of
certain
students
13
in
kindergarten.
14
The
board
of
directors
of
a
school
district
shall
not
promote
15
a
student
enrolled
in
kindergarten
to
the
next
grade
level
if
16
the
student
fails
to
achieve
proficient
scores
on
standardized,
17
norm-referenced
assessments
administered
near
the
end
of
the
18
school
year.
19
Sec.
7.
Section
299.1A,
subsection
2,
Code
2026,
is
amended
20
to
read
as
follows:
21
2.
A
child
who
has
reached
the
age
of
five
by
September
22
15
July
1
and
who
is
enrolled
in
a
school
district
shall
be
23
considered
to
be
of
compulsory
attendance
age
unless
the
24
parent
or
guardian
of
the
child
notifies
the
school
district
25
in
writing
of
the
parent’s
or
guardian’s
intent
to
remove
the
26
child
from
enrollment
in
the
school
district.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
education,
including
by
modifying
31
provisions
related
to
when
children
may
enroll
in
kindergarten;
32
when
students
enrolled
in
kindergarten
in
school
districts,
33
charter
schools,
or
innovation
zone
schools
may
be
promoted
34
to
first
grade;
and
the
responsibilities
of
school
districts,
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charter
schools,
and
innovation
zone
schools
related
to
1
the
discipline
of
students
who
cause
violent
or
nonviolent
2
disruptions.
3
Current
Code
section
279.65A
requires
school
districts
and,
4
through
current
Code
section
256E.7(2)(m),
charter
schools,
5
to
adopt,
in
collaboration
with
teachers
and
administrative
6
staff
employed
by
the
school,
policies
for
different
grade
7
levels
that
describe
how
a
school
may
discipline
a
student
for
8
making
a
threat
of
violence
or
causing
an
incident
of
violence
9
that
results
in
injury
or
property
damage
or
assault.
Current
10
Code
section
279.65A
establishes
requirements
related
to
the
11
policies.
12
The
bill
modifies
Code
section
279.65A
to
require
school
13
districts,
charter
schools,
and
innovation
zone
schools
to
14
adopt,
in
collaboration
with
teachers
and
administrative
staff
15
employed
by
the
school,
policies
for
different
grade
levels
16
that
describe
how
a
school
may
discipline
a
student
for
causing
17
a
violent
disruption
or
nonviolent
disruption.
The
bill
18
defines
“nonviolent
disruption”
to
include
a
disruption
to
19
classroom
instruction
that
is
a
result
of
disorderly
conduct,
20
abusive
or
profane
language,
bullying,
or
repeatedly
disruptive
21
behavior.
The
bill
defines
“violent
disruption”
to
include
22
a
disruption
to
classroom
instruction
that
is
a
result
of
a
23
threat
of
violence
or
an
incident
of
violence
that
results
in
24
injury,
property
damage,
or
assault.
25
The
policies
must
be
consistent
with
the
provisions
of
Code
26
chapter
256B
(special
education)
and
rules
adopted
by
the
state
27
board
of
education
for
purposes
of
Code
chapter
256B
and
with
28
certain
specified
federal
laws.
29
The
policies
must
require
each
attendance
center
to
create
a
30
placement
review
committee
that
is
responsible
for
determining
31
when
a
student
who
was
removed
from
the
classroom
pursuant
to
32
the
bill’s
provisions
may
return
to
the
classroom.
The
bill
33
establishes
the
membership
of
the
placement
review
committee.
34
The
policies
must
authorize
a
teacher
to
remove
a
student
who
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causes
a
nonviolent
disruption
from
the
teacher’s
classroom
and
1
place
the
student
under
the
supervision
of
the
principal
for
at
2
least
30
minutes.
A
student
who
is
removed
from
the
classroom
3
pursuant
to
this
provision
is
required
to
make
up
any
work
that
4
the
student
missed
while
the
student
was
under
the
supervision
5
of
the
principal.
In
addition,
the
policies
must
prohibit
the
6
principal
from
returning
a
student
who
is
removed
from
the
7
classroom
to
the
teacher’s
classroom
without
the
teacher’s
8
consent,
unless
the
placement
review
committee
determines
that
9
the
student
should
be
returned
to
the
classroom.
The
policies
10
must
also
require
the
principal
to
inform
the
teacher
of
the
11
disciplinary
actions
taken
against
the
student
who
was
removed
12
from
the
classroom
as
soon
as
is
reasonably
possible
after
13
the
student’s
removal.
The
policies
must
require
that
if
a
14
student
is
removed
from
the
classroom
more
than
once
in
one
15
school
year,
the
teacher,
a
qualified
guidance
counselor,
the
16
student’s
parent
or
legal
guardian,
if
the
student
is
not
an
17
emancipated
minor,
and
the
student
are
required
to
participate
18
in
a
meeting
to
discuss
the
student’s
nonviolent
disruptions
19
and
to
establish
a
behavioral
plan
and
a
course
of
discipline
20
to
correct
the
student’s
behavior,
which
may
include
placement
21
in
an
alternative
learning
environment.
22
The
policies
must
require
a
teacher
to
remove
a
student
who
23
causes
a
violent
disruption
from
the
teacher’s
classroom
and
24
place
the
student
under
the
supervision
of
the
principal.
The
25
policies
must
prohibit
the
principal
from
returning
a
student
26
who
is
removed
from
the
classroom
pursuant
to
this
provision
to
27
the
teacher’s
classroom
without
the
teacher’s
consent,
unless
28
the
placement
review
committee
determines
that
the
student
29
should
be
returned
to
the
classroom.
However,
the
placement
30
review
committee
shall
not
have
the
authority
to
require
a
31
student
to
return
to
a
teacher’s
classroom
if
the
teacher
32
removed
the
student
from
the
teacher’s
classroom
because
the
33
student
caused
a
violent
disruption
that
included
the
student
34
assaulting
the
teacher,
and
the
teacher
does
not
consent
to
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allowing
the
student
to
return
to
the
teacher’s
classroom.
The
1
policies
must
require
that
a
student
removed
from
the
classroom
2
pursuant
to
this
provision
be
suspended,
expelled,
or
placed
in
3
an
alternative
learning
environment.
4
The
bill
makes
conforming
changes.
5
The
bill
prohibits
school
districts,
charter
schools,
and
6
innovation
zone
schools
from
promoting
a
student
enrolled
in
7
kindergarten
to
the
next
grade
level
if
the
student
fails
to
8
achieve
proficient
scores
on
standardized,
norm-referenced
9
assessments
administered
near
the
end
of
the
school
year.
10
The
bill
provides
that
a
child
who
has
reached
the
age
of
11
five
by
July
1
and
who
is
enrolled
in
a
school
district
shall
be
12
considered
of
compulsory
attendance
age.
Under
current
law,
a
13
child
who
has
reached
the
age
of
five
by
September
15
and
who
is
14
enrolled
in
a
school
district
shall
be
considered
of
compulsory
15
attendance
age.
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