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House
File
2538
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Reprinted
HOUSE
FILE
2538
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HF
2122)
(As
Amended
and
Passed
by
the
House
March
9,
2026
)
A
BILL
FOR
An
Act
relating
to
education,
including
by
modifying
provisions
1
related
to
the
duties
of
the
department
of
education,
the
2
discipline
of
students
enrolled
in
school
districts,
charter
3
schools,
and
innovation
zone
schools
who
exhibit
disorderly
4
conduct
in
the
classroom,
the
responsibilities
and
powers
5
of
the
department
of
education,
school
district
teachers,
6
and
other
educational
staff
related
to
students
who
have
7
individualized
education
programs
or
plans
under
section
8
504
of
the
federal
Rehabilitation
Act,
and
school
district
9
professional
development
plans,
and
authorizing
teachers
to
10
request
a
meeting
of
a
student’s
individualized
education
11
program
team.
12
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
256.9,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
80.
Develop
and
distribute
to
school
3
districts
a
training
program
and
training
materials
for
members
4
of
a
student’s
individualized
education
program
team
that
is
5
related
to
the
least
restrictive
environment
requirements
under
6
the
federal
Individuals
with
Disabilities
Education
Act,
20
7
U.S.C.
§1400
et
seq.
8
Sec.
2.
Section
256.11,
subsection
10,
unnumbered
paragraph
9
1,
Code
2026,
is
amended
to
read
as
follows:
10
The
state
board
shall
establish,
and
the
department
11
shall
use,
for
the
school
year
commencing
July
1,
2021,
and
12
each
succeeding
school
year,
an
accreditation,
monitoring,
13
and
enforcement
process
for
school
districts
and
nonpublic
14
schools
seeking
accreditation
pursuant
to
this
subsection
and
15
subsections
11
and
12
.
In
applying
and
taking
monitoring
and
16
enforcement
action
under
this
subsection
and
subsections
11
and
17
12,
the
department
shall
consider
the
timeliness
and
accuracy
18
of
the
information
a
school
district
or
nonpublic
school
19
provides
to
the
department,
including
potential
underreporting
20
or
late
reporting
of
data
related
to
school
discipline
and
21
school
safety
necessary
to
monitor
and
implement
the
provisions
22
of
chapter
280.
The
process
established
shall
include
all
of
23
the
following
requirements:
24
Sec.
3.
Section
256E.7,
subsection
2,
Code
2026,
is
amended
25
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
0n.
Be
subject
to
and
comply
with
the
27
requirements
of
section
279.65B
relating
to
the
discipline
of
28
students
who
exhibit
disorderly
conduct
in
the
classroom
in
the
29
same
manner
as
a
school
district.
30
Sec.
4.
Section
256F.4,
subsection
2,
Code
2026,
is
amended
31
by
adding
the
following
new
paragraph:
32
NEW
PARAGRAPH
.
v.
Be
subject
to
and
comply
with
the
33
requirements
of
section
279.65B
relating
to
the
discipline
of
34
students
who
exhibit
disorderly
conduct
in
the
classroom
in
the
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same
manner
as
a
school
district.
1
Sec.
5.
Section
279.65A,
subsection
3,
Code
2026,
is
amended
2
to
read
as
follows:
3
3.
The
policies
must
be
consistent
with
the
all
of
the
4
following:
5
a.
The
provisions
of
chapter
256B
,
and
the
administrative
6
rules
adopted
by
the
state
board
for
purposes
of
chapter
256B
,
7
the
.
8
b.
The
federal
Individuals
with
Disabilities
Education
Act,
9
20
U.S.C.
§1400
et
seq.
,
and
the
10
c.
The
federal
Rehabilitation
Act
of
1973,
as
amended
and
11
codified
in
29
U.S.C.
§701
et
seq.
12
d.
Section
279.65B.
13
Sec.
6.
NEW
SECTION
.
279.65B
Discipline
of
students
for
14
disorderly
conduct.
15
1.
As
used
in
this
section:
16
a.
“Disorderly
conduct”
means
intentional
conduct
to
which
17
any
of
the
following
applies:
18
(1)
Constitutes
violent
behavior
or
a
threat
of
violent
19
behavior.
20
(2)
Disrupts,
disturbs,
or
interferes
with
any
services
21
provided
by
the
school
district.
22
(3)
Disturbs
the
peace,
order,
or
discipline
within
the
23
classroom.
24
b.
“Principal”
means
the
same
as
defined
in
section
256.145.
25
“Principal”
includes
all
of
the
following:
26
(1)
An
assistant
principal.
27
(2)
A
vice
principal.
28
(3)
An
administrator
who
is
responsible
for
the
day-to-day
29
operations
of
an
attendance
center.
30
c.
“Teacher”
means
the
same
as
defined
in
section
256.145.
31
2.
a.
A
teacher
may
exclude
from
the
teacher’s
classroom
32
and
place
under
the
supervision
of
the
principal
any
student
33
who
does
any
of
the
following
while
in
the
teacher’s
classroom:
34
(1)
Engages
in
disorderly
conduct.
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(2)
Threatens,
abuses,
intimidates,
or
attempts
to
1
intimidate
another
student
or
any
school
employee.
2
(3)
Uses
abusive
or
profane
language.
3
b.
(1)
A
student
who
is
enrolled
in
kindergarten
through
4
grade
five,
and
who
was
excluded
from
a
teacher’s
classroom
5
pursuant
to
paragraph
“a”
,
shall
not
be
readmitted
to
the
6
teacher’s
classroom
until
after
the
principal
and
teacher
meet
7
to
discuss
the
readmission
of
the
student.
8
(2)
A
student
who
is
enrolled
in
grades
six
through
twelve,
9
and
who
was
excluded
from
a
teacher’s
classroom
pursuant
10
to
paragraph
“a”
,
shall
not
be
readmitted
to
the
teacher’s
11
classroom
until
after
the
principal
and
teacher
meet
to
discuss
12
the
readmission
of
the
student.
Such
student
shall
not
be
13
readmitted
to
the
teacher’s
classroom
until,
at
the
earliest,
14
the
immediately
subsequent
school
day.
15
3.
a.
If
the
principal
determines
that
disciplinary
16
action
should
be
taken
against
a
student
who
was
excluded
17
from
a
teacher’s
classroom
pursuant
to
subsection
2,
then
the
18
principal
shall
do
all
of
the
following:
19
(1)
Take
such
disciplinary
action.
20
(2)
Provide
written
and,
if
possible,
electronic
notice
of
21
such
disciplinary
action
to
the
student’s
parent
or
guardian.
22
b.
(1)
If
a
student
was
excluded
from
a
teacher’s
classroom
23
for
the
remainder
of
a
school
day
pursuant
to
subsection
2
24
two
or
more
times
in
a
semester,
or
the
trimester
or
quarter
25
equivalent,
then
the
principal
shall
discipline
the
student
by
26
doing
any
of
the
following:
27
(a)
Assigning
the
student
to
either
in-school
or
28
out-of-school
suspension.
29
(b)
Recommending
to
the
superintendent
that
the
student
be
30
located
in
an
alternative
learning
environment
that
has
been
31
approved
by
the
superintendent.
32
(2)
If
a
student
was
excluded
from
a
teacher’s
classroom
33
pursuant
to
subsection
2
because
the
student’s
conduct,
34
statements,
or
other
actions
were
severe
or
pervasive,
and,
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if
requested
by
the
teacher,
then
the
principal
shall
impose
1
the
maximum
amount
of
punishment
applicable
to
such
conduct,
2
statements,
or
other
actions
as
provided
in
policies
adopted
3
by
the
board
of
directors
of
the
school
district,
including
4
placing
the
student
in
an
alternative
learning
environment
that
5
has
been
approved
by
the
superintendent.
6
4.
a.
The
board
of
directors
of
a
school
district
shall
7
require
each
attendance
center
within
the
school
district
8
to
create
an
oversight
review
committee
that
is
responsible
9
for
developing
a
policy,
consistent
with
this
section,
that
10
establishes
when
a
student
who
has
been
excluded
from
the
11
classroom
pursuant
to
subsection
2
may
be
readmitted
to
the
12
classroom.
13
b.
The
oversight
review
committee
must
consist
of
all
of
the
14
following
members:
15
(1)
Two
teachers
who
work
in
the
attendance
center
and
who
16
must
be
selected
by
the
teachers
of
the
attendance
center.
17
(2)
One
professional
staff
member
who
works
in
the
18
attendance
center
and
who
must
be
selected
by
the
principal
of
19
the
attendance
center.
20
5.
If
a
student
who
has
an
individualized
education
program
21
was
excluded
from
a
teacher’s
classroom
pursuant
to
subsection
22
2,
then
all
of
the
following
shall
apply:
23
a.
(1)
All
of
the
following
individuals
shall,
if
24
practicable,
participate
in
the
meeting
of
the
student’s
25
individualized
education
program
team
that
takes
place
26
immediately
subsequent
to
the
student’s
exclusion
from
the
27
classroom:
28
(a)
The
teacher
who
excluded
the
student
from
the
classroom
29
pursuant
to
subsection
2.
30
(b)
Any
teacher
who
is
not
described
in
subparagraph
31
division
(a)
and
who
provides
classroom
instruction
to
the
32
student.
33
(c)
Any
other
employee
of
the
school
district
who
does
not
34
hold
a
license
issued
by
the
board
of
educational
examiners,
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including
para-educators
and
bus
drivers,
and
who
was
directly
1
involved
in
the
student’s
conduct,
statements,
or
other
actions
2
that
led
to
the
student’s
exclusion
from
the
classroom.
3
(2)
If
a
teacher
or
other
employee
is
not
able
to
4
participate
in
the
meeting
of
the
student’s
individualized
5
education
program
team
that
takes
place
immediately
subsequent
6
to
the
student’s
exclusion
from
the
classroom,
as
required
7
under
subparagraph
(1),
then
the
teacher
or
other
employee
8
shall
review
the
minutes
or
summary
of
the
meeting
prepared
by
9
the
individualized
education
program
team
pursuant
to
paragraph
10
“b”
,
subparagraph
(2),
and
shall
provide
written
notice
to
the
11
student’s
individualized
education
program
team
indicating
that
12
the
teacher
or
other
employee
has
read
the
minutes
or
summary.
13
b.
(1)
In
the
meeting
of
the
student’s
individualized
14
education
program
team
that
takes
place
immediately
subsequent
15
to
the
student’s
exclusion
from
the
classroom,
the
student’s
16
individualized
education
program
team
shall
discuss
all
of
the
17
following:
18
(a)
The
appropriateness
of
the
student’s
current
19
educational
programming.
20
(b)
Whether
adjustments
need
to
be
made
to
the
student’s
21
individualized
education
program
to
address
the
student’s
22
behaviors.
23
(c)
Whether
the
student’s
current
placement
or
an
24
alternative
learning
environment
would
best
provide
the
student
25
with
a
free
appropriate
public
education.
26
(d)
The
accommodations,
modifications,
and
adaptations
that
27
are
required
to
allow
the
student
to
be
successful
in
a
general
28
education
setting,
what
supports
are
needed
to
assist
the
29
teacher
and
other
school
district
employees
in
providing
those
30
accommodations,
modifications,
and
adaptations,
and
whether
it
31
is
possible
for
the
school
district
to
provide
those
supports,
32
accommodations,
modifications,
and
adaptations.
33
(e)
Whether
and
to
what
extent
the
provision
of
special
34
education
services
and
activities
in
the
general
education
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environment
will
impact
the
student
and
the
other
students
in
1
the
classroom.
2
(2)
If
a
teacher
or
other
employee
is
not
able
to
3
participate
in
the
meeting
of
the
student’s
individualized
4
education
program
team
that
takes
place
immediately
subsequent
5
to
the
student’s
exclusion
from
the
classroom,
as
required
6
under
paragraph
“a”
,
subparagraph
(1),
then
the
student’s
7
individualized
education
program
team
shall
prepare
minutes
or
8
a
summary
of
the
meeting
and
provide
the
minutes
or
summary
to
9
the
teacher
or
other
employee.
10
c.
If
the
student
was
excluded
from
the
classroom
five
or
11
more
times
within
any
fifteen-consecutive-school-day
period,
12
then
the
student’s
individualized
education
program
team
shall
13
meet
to
discuss
the
student’s
behavior.
14
6.
a.
A
teacher
may
appeal
all
of
the
following
to
the
15
board
of
directors
of
the
school
district:
16
(1)
A
principal’s
refusal
to
allow
the
teacher
to
exclude
a
17
student
from
the
teacher’s
classroom
pursuant
to
subsection
2,
18
paragraph
“a”
.
19
(2)
A
principal’s
readmission
of
a
student
to
the
teacher’s
20
classroom
prior
to
the
time
such
student
should
have
been
21
readmitted
pursuant
to
subsection
2,
paragraph
“b”
.
22
b.
The
board
of
directors
of
a
school
district
shall
not
23
take
any
disciplinary
action
against
a
teacher
for
exercising
24
the
teacher’s
appeal
rights
described
in
paragraph
“a”
.
For
25
purposes
of
this
paragraph,
“disciplinary
action”
includes
26
termination
of
employment
or
the
contractual
relationship,
27
suspension
from
employment,
demotion,
financial
penalties,
28
failing
to
take
action
regarding
a
teacher’s
promotion
29
or
proposed
promotion,
failing
to
provide
an
advantage
in
30
employment
or
the
contractual
relationship,
and
written
or
31
verbal
reprimands.
32
c.
All
of
the
following
shall
apply
if
the
board
of
33
directors
of
a
school
district
violates
paragraph
“b”
:
34
(1)
The
teacher
may
enforce
the
teacher’s
rights
under
this
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section
through
a
civil
action.
1
(2)
The
board
of
directors
of
the
school
district
is
liable
2
to
the
aggrieved
teacher
for
affirmative
relief
including
3
reinstatement,
with
or
without
back
pay,
civil
damages
in
an
4
amount
not
to
exceed
three
times
the
annual
wages
and
benefits
5
received
by
the
aggrieved
teacher
prior
to
the
violation
of
6
paragraph
“b”
,
and
any
other
equitable
relief
the
court
deems
7
appropriate,
including
attorney
fees
and
costs.
8
(3)
When
the
board
of
directors
of
a
school
district
9
commits,
is
committing,
or
proposes
to
commit
an
act
in
10
violation
of
paragraph
“b”
,
an
injunction
may
be
granted
through
11
an
action
in
district
court
to
prohibit
the
board
of
directors
12
of
the
school
district
from
continuing
such
acts.
The
action
13
for
injunctive
relief
may
be
brought
by
an
aggrieved
teacher,
14
the
county
attorney,
or
the
person
providing
human
resource
15
management
for
the
board
of
directors
of
the
school
district.
16
7.
The
board
of
directors
of
a
school
district
shall
17
immediately
grant
a
teacher
a
leave
of
absence
for
physical
and
18
mental
recovery
with
full
pay
for
not
more
than
five
days
if
19
the
teacher
is
injured
due
to
a
student’s
disorderly
conduct;
20
provided,
however,
that
the
board
of
directors
of
a
school
21
district
may
grant
a
teacher
such
a
leave
of
absence
for
six
22
or
more
days
if
the
teacher
provides
to
the
board
of
directors
23
of
the
school
district
a
note
from
a
physician
indicating
that
24
such
a
leave
of
absence
is
needed.
25
8.
Each
principal
shall
carry
out
the
principal’s
26
responsibilities
under
this
section
in
an
expeditious
manner,
27
and
shall
do
all
of
the
following
in
an
expeditious
manner:
28
a.
Carry
out
all
manifestation
determination
review
29
meetings,
as
required
under
section
504
of
the
federal
30
Rehabilitation
Act,
29
U.S.C.
§794.
31
b.
Impose
the
appropriate
amount
of
punishment
in
accordance
32
with
policies
adopted
by
the
board
of
directors
of
the
school
33
district
and
federal
law.
34
c.
Perform
functional
behavior
assessments
as
needed.
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d.
Adjust
behavioral
intervention
plans
as
needed.
1
9.
This
section
shall
not
be
construed
to
do
any
of
the
2
following:
3
a.
Infringe
on
any
right
provided
to
any
student
under
4
federal
law,
including
but
not
limited
to
all
of
the
following:
5
(1)
Section
504
of
the
federal
Rehabilitation
Act,
29
U.S.C.
6
§794.
7
(2)
The
federal
Individuals
with
Disabilities
Education
8
Act,
20
U.S.C.
§1400
et
seq.
9
(3)
The
federal
Family
Educational
Rights
and
Privacy
Act,
10
20
U.S.C.
§1232g.
11
(4)
The
federal
Americans
with
Disabilities
Act
of
1990,
42
12
U.S.C.
§12101
et
seq.
13
b.
Supersede,
abrogate,
or
preempt
any
federal
law,
rule,
14
or
regulation.
15
c.
Relieve
any
person
from
any
duties,
obligations,
or
16
requirements
imposed
by
federal
law.
17
Sec.
7.
NEW
SECTION
.
279.89
Teacher
authority
to
request
a
18
meeting
of
a
student’s
individualized
education
program
team.
19
1.
For
purposes
of
this
section:
20
a.
“Administrator”
means
the
same
as
defined
in
section
21
256.145.
22
b.
“Teacher”
means
the
same
as
defined
in
section
256.145.
23
2.
A
teacher
may
request
a
meeting
of
a
student’s
24
individualized
education
program
team
at
any
time
by
submitting
25
an
electronic
or
written
request
to
an
administrator.
26
3.
An
administrator
may
deny
a
teacher’s
request
for
a
27
meeting
of
a
student’s
individualized
education
program
team
28
submitted
pursuant
to
subsection
2;
provided,
however,
that
29
such
a
denial
must
satisfy
all
of
the
following
requirements:
30
a.
Be
provided
to
the
teacher
in
writing.
31
b.
Describe
why
applicable
federal
law
does
not
require
the
32
meeting
of
the
student’s
individualized
education
program
team.
33
Sec.
8.
NEW
SECTION
.
279.90
Individualized
education
34
programs
and
section
504
plan
requirements.
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1.
a.
The
board
of
directors
of
each
school
district
shall
1
ensure
all
of
the
following:
2
(1)
That
each
student’s
individualized
education
program
3
is
accessible
to,
and
read
by,
each
school
district
employee
4
who
is
responsible
for
the
implementation
of
the
student’s
5
individualized
education
program,
including
regular
education
6
teachers,
special
education
teachers,
and
any
other
service
7
providers.
8
(2)
Each
teacher
and
service
provider
described
in
9
subparagraph
(1)
is
informed
of
all
of
the
following:
10
(a)
The
teacher’s
or
service
provider’s
specific
11
responsibilities
related
to
implementing
the
student’s
12
individualized
education
program.
13
(b)
The
specific
accommodations,
modifications,
and
14
supports
that
must
be
provided
for
the
student
in
accordance
15
with
the
student’s
individualized
education
program.
16
b.
After
a
regular
education
teacher
has
read
a
student’s
17
individualized
education
program
pursuant
to
paragraph
“a”
,
18
the
regular
education
teacher
shall
provide
written
notice
19
to
the
special
education
teacher
who
is
on
the
student’s
20
individualized
education
program
team
indicating
that
the
21
regular
education
teacher
has
read
the
individualized
education
22
program.
23
2.
Each
teacher
employed
by
the
school
district
who
teaches
24
a
student
who
has
a
plan
under
section
504
of
the
federal
25
Rehabilitation
Act,
29
U.S.C.
§794,
shall
read
the
plan.
After
26
the
teacher
has
read
the
plan,
the
teacher
shall
provide
27
written
notice
to
any
special
education
teacher
who
provides
28
special
education
services
to
the
student,
or
to
the
principal
29
of
the
attendance
center,
indicating
that
the
teacher
has
read
30
the
plan.
31
3.
At
least
one
para-educator
or
other
employee
of
the
32
school
district
who
assists
a
teacher
in
providing
classroom
33
instruction
to
a
student
who
has
an
individualized
education
34
program,
or
to
a
student
who
has
a
plan
under
section
504
of
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the
federal
Rehabilitation
Act,
29
U.S.C.
§794,
shall
attend
1
all
meetings
related
to
the
student’s
individualized
education
2
program
or
plan
under
section
504
of
the
federal
Rehabilitation
3
Act,
29
U.S.C.
§794.
If
practicable,
meetings
related
to
4
a
student’s
individualized
education
program
or
plan
under
5
section
504
of
the
federal
Rehabilitation
Act,
29
U.S.C.
§794,
6
that
a
para-educator
or
other
employee
is
required
to
attend
7
pursuant
to
this
subsection
shall
take
place
during
normal
8
business
hours.
9
4.
The
board
of
directors
of
each
school
district
shall
10
provide
training
to
all
members
of
a
student’s
individualized
11
education
program
team
related
to
the
least
restrictive
12
environment
requirements
under
the
federal
Individuals
with
13
Disabilities
Education
Act,
20
U.S.C.
§1400
et
seq.,
that
14
is
based
on
the
training
program
and
training
materials
15
distributed
by
the
director
of
the
department
of
education
to
16
the
school
district
pursuant
to
section
256.9,
subsection
80.
17
Sec.
9.
Section
284.6,
subsection
3,
Code
2026,
is
amended
18
to
read
as
follows:
19
3.
A
school
district
shall
develop
a
district
professional
20
development
plan.
The
district
professional
development
plan
21
shall
include
must
satisfy
all
of
the
following
requirements:
22
a.
Include
a
description
of
the
means
by
which
the
school
23
district
will
provide
access
to
all
teachers
in
the
district
to
24
professional
development
programs
or
offerings
that
meet
the
25
requirements
of
subsection
1
.
The
plan
shall
align
26
b.
Align
all
professional
development
with
the
school
27
district’s
long-range
student
learning
goals
and
the
Iowa
28
teaching
standards.
The
plan
shall
indicate
29
c.
Indicate
the
school
district’s
approved
professional
30
development
provider
or
providers.
31
d.
Include
programs
and
offerings
for
all
teachers
to
32
support
serving
students
with
disabilities.
33
e.
Include
information
related
to
all
of
the
following:
34
(1)
The
general
requirements
related
to
providing
a
free
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appropriate
public
education,
including
the
school
district’s
1
obligation
to
identify
and
evaluate
a
student
who
may
have
a
2
disability.
3
(2)
The
provision
of
supports
and
services
through
4
a
student’s
individualized
education
program,
including
5
each
individual
teacher’s
responsibilities
relating
to
the
6
development
and
implementation
of
a
student’s
individualized
7
education
program.
8
(3)
The
general
requirements
related
to
providing
education
9
to
a
student
with
a
disability
consistent
with
the
least
10
restrictive
environment
requirements
under
the
federal
11
Individuals
with
Disabilities
Education
Act,
20
U.S.C.
§1400
12
et
seq.
13
Sec.
10.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
14
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
15
compliance
with
any
state
mandate
included
in
this
Act
shall
16
be
paid
by
a
school
district
from
state
school
foundation
aid
17
received
by
the
school
district
under
section
257.16.
This
18
specification
of
the
payment
of
the
state
cost
shall
be
deemed
19
to
meet
all
of
the
state
funding-related
requirements
of
20
section
25B.2,
subsection
3,
and
no
additional
state
funding
21
shall
be
necessary
for
the
full
implementation
of
this
Act
22
by
and
enforcement
of
this
Act
against
all
affected
school
23
districts.
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