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Senate
File
2044
-
Introduced
SENATE
FILE
2044
BY
GRUENHAGEN
A
BILL
FOR
An
Act
relating
to
the
responsibilities
of
school
districts
and
1
charter
schools
related
to
the
discipline
of
students
who
2
cause
violent
or
nonviolent
disruptions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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
279.65A,
Code
2026,
is
amended
to
read
as
19
follows:
20
279.65A
Discipline
of
students
who
make
threats
of
violence
21
or
cause
incidents
of
violence
cause
violent
or
nonviolent
22
disruptions
——
teacher
authority
.
23
1.
The
board
of
directors
of
each
school
district
shall
24
adopt,
in
collaboration
with
teachers
and
administrative
staff
25
employed
by
the
school
district,
policies
for
different
grade
26
levels
that
describe
how
a
school
district
may
discipline
a
27
student
for
making
a
threat
of
violence
or
causing
an
incident
28
of
violence
that
results
in
injury
or
property
damage
or
29
assault
causing
a
violent
disruption
or
nonviolent
disruption
.
30
All
of
the
following
shall
apply
to
the
policies:
31
1.
a.
The
policies
must
incorporate
strategies
that
are
32
designed
to
correct
the
student’s
behavior.
33
2.
b.
The
policies
must
provide
for
parent
or
guardian
34
conferences,
counseling
sessions,
or
mental
health
counseling
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sessions,
when
appropriate.
The
policies
must
provide
that
1
the
school
district
must
receive
the
prior
written
consent
of
2
the
student’s
parent
or
guardian
before
requiring
the
student
3
to
participate
in
a
counseling
session
or
a
mental
health
4
counseling
session.
5
3.
c.
The
policies
must
be
consistent
with
the
all
of
the
6
following:
7
(1)
The
provisions
of
chapter
256B
,
the
and
the
8
administrative
rules
adopted
by
the
state
board
for
purposes
9
of
chapter
256B
,
the
federal
.
10
(2)
The
federal
Individuals
with
Disabilities
Education
11
Act,
20
U.S.C.
§1400
et
seq.
,
and
the
federal
.
12
(3)
The
federal
Rehabilitation
Act
of
1973,
as
amended
and
13
codified
in
29
U.S.C.
§701
et
seq.
14
(4)
The
federal
Family
Educational
Rights
and
Privacy
Act,
15
20
U.S.C.
§1232g
et
seq.
16
(5)
The
federal
Americans
with
Disabilities
Act
of
1990,
42
17
U.S.C.
§12101
et
seq.
18
4.
d.
The
policies
must
provide
for
escalating
levels
of
19
discipline
each
time
the
student
makes
a
threat
of
violence
20
or
causes
an
incident
of
violence
that
results
in
injury
or
21
property
damage
or
assault
causes
a
violent
disruption
or
22
nonviolent
disruption
.
23
5.
e.
The
policies
must
allow
for
the
school
district
24
to
select
the
level
of
discipline
that
the
school
district
25
determines
corresponds
to
the
severity
of
the
threat
of
26
violence
or
incident
of
violence
violent
disruption
or
27
nonviolent
disruption
.
28
6.
f.
The
policies
must
allow
the
school
district
to
29
suspend
the
student,
permanently
remove
the
student
from
a
30
particular
class,
expel
the
student,
or
place
the
student
in
31
an
alternative
learning
environment,
including
a
therapeutic
32
classroom,
when
appropriate.
33
7.
g.
The
policies
must
require
an
individualized
education
34
program
meeting
if
the
student
who
made
the
threat
of
violence
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or
caused
the
incident
of
violence
that
resulted
in
injury
1
or
property
damage
or
assault
caused
a
violent
disruption
or
2
nonviolent
disruption,
or
who
was
removed
from
the
classroom
3
pursuant
to
this
subsection,
has
an
individualized
education
4
program.
5
h.
(1)
The
policies
must
require
each
attendance
center
6
within
the
school
district
to
create
a
placement
review
7
committee
that
is
responsible
for
determining
when
a
student
8
who
was
removed
from
a
classroom
pursuant
to
paragraph
“i”
or
9
“j”
may
return
to
the
classroom.
10
(2)
The
placement
review
committee
must
consist
of
all
of
11
the
following
members:
12
(a)
Two
teachers
who
work
in
the
attendance
center
and
who
13
must
be
selected
by
the
teachers
of
the
attendance
center.
14
(b)
One
professional
staff
member
who
works
in
the
15
attendance
center
and
who
must
be
selected
by
the
principal
of
16
the
attendance
center.
17
i.
(1)
(a)
The
policies
must
authorize
a
teacher
to
remove
18
a
student
who
causes
a
nonviolent
disruption
from
the
teacher’s
19
classroom
and
place
the
student
under
the
supervision
of
the
20
principal
of
the
attendance
center
in
which
the
classroom
is
21
located,
or
the
principal’s
designee,
for
at
least
thirty
22
minutes,
as
determined
by
the
principal
or
the
principal’s
23
designee
in
accordance
with
the
policies.
24
(b)
The
policies
must
prohibit
the
principal,
or
the
25
principal’s
designee,
from
returning
a
student
who
is
removed
26
from
the
classroom
pursuant
to
subparagraph
division
(a)
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
pursuant
to
paragraph
“h”
,
30
subparagraph
(1).
31
(c)
The
policies
must
require
the
principal,
or
the
32
principal’s
designee,
to
inform
the
teacher
of
the
disciplinary
33
actions
taken
against
the
student
removed
from
the
classroom
34
pursuant
to
subparagraph
division
(a)
as
soon
as
is
reasonably
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possible
after
the
student’s
removal.
1
(d)
The
policies
must
require
a
student
who
is
removed
from
2
the
classroom
pursuant
to
subparagraph
division
(a)
to
make
up
3
any
work
that
the
student
missed
while
the
student
was
under
4
the
supervision
of
the
principal
or
the
principal’s
designee.
5
(2)
The
policies
must
require
that,
if
a
student
is
6
removed
from
a
teacher’s
classroom
pursuant
to
subparagraph
7
(1),
subparagraph
division
(a),
more
than
once
in
one
school
8
year,
the
teacher
or
teachers
who
removed
the
student
from
the
9
classroom;
the
principal
of
the
attendance
center
in
which
10
the
classroom
or
classrooms
are
located;
a
qualified
guidance
11
counselor
licensed
by
the
board
of
educational
examiners
under
12
chapter
256,
subchapter
VII,
part
3;
the
student’s
parent
or
13
legal
guardian,
if
the
student
is
not
an
emancipated
minor;
14
and
the
student
shall
participate
in
a
meeting
to
discuss
the
15
student’s
nonviolent
disruptions
and
to
establish
a
behavioral
16
plan
and
a
course
of
discipline
to
correct
the
student’s
17
behavior,
which
may
include
placement
in
an
alternative
18
learning
environment,
including
a
therapeutic
classroom,
when
19
appropriate.
20
j.
(1)
The
policies
must
require
a
teacher
to
remove
a
21
student
who
causes
a
violent
disruption
from
the
teacher’s
22
classroom
and
place
the
student
under
the
supervision
of
the
23
principal
of
the
attendance
center
in
which
the
classroom
is
24
located,
or
the
principal’s
designee.
25
(2)
(a)
The
policies
must
prohibit
the
principal,
or
26
the
principal’s
designee,
from
returning
a
student
who
is
27
removed
from
the
classroom
pursuant
to
subparagraph
(1)
to
28
the
teacher’s
classroom
without
the
teacher’s
consent,
unless
29
the
placement
review
committee
determines
that
the
student
30
should
be
returned
to
the
classroom
pursuant
to
paragraph
“h”
,
31
subparagraph
(1).
32
(b)
Notwithstanding
paragraph
“h”
,
subparagraph
(1),
and
33
subparagraph
division
(a),
the
policies
must
provide
that
the
34
placement
review
committee
shall
not
have
the
authority
to
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require
a
student
to
return
to
a
teacher’s
classroom
if
all
of
1
the
following
criteria
are
satisfied:
2
(i)
The
teacher
removed
the
student
from
the
teacher’s
3
classroom
because
the
student
caused
a
violent
disruption
that
4
included
the
student
assaulting
the
teacher.
5
(ii)
The
teacher
does
not
consent
to
allowing
the
student
to
6
return
to
the
teacher’s
classroom.
7
(3)
The
policies
must
require
that
a
student
removed
8
from
the
classroom
pursuant
to
this
paragraph
be
suspended,
9
expelled,
or
placed
in
an
alternative
learning
environment,
10
including
a
therapeutic
classroom,
when
appropriate,
as
11
determined
by
the
principal
of
the
attendance
center
in
which
12
the
classroom
is
located
in
accordance
with
the
policies.
13
8.
k.
The
policies
must
be
published
on
the
school
14
district’s
internet
site
and
in
applicable
student
handbooks.
15
2.
For
purposes
of
this
section:
16
a.
“Nonviolent
disruption”
includes
but
is
not
limited
to
a
17
disruption
to
classroom
instruction
that
is
a
result
of
any
of
18
the
following:
19
(1)
Disorderly
conduct.
20
(2)
Abusive
or
profane
language.
21
(3)
Bullying,
as
defined
under
section
280.28.
22
(4)
Repeatedly
disruptive
behavior.
23
b.
“Violent
disruption”
includes
but
is
not
limited
to
24
a
disruption
to
classroom
instruction
that
is
a
result
of
a
25
threat
of
violence
or
an
incident
of
violence
that
results
in
26
any
of
the
following:
27
(1)
Injury.
28
(2)
Property
damage.
29
(3)
Assault,
as
defined
under
section
708.1.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
the
responsibilities
of
school
34
districts
and
charter
schools
related
to
the
discipline
of
35
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students
who
cause
violent
or
nonviolent
disruptions.
1
Current
Code
section
279.65A
requires
school
districts
and,
2
through
current
Code
section
256E.7(2)(m),
charter
schools,
3
to
adopt,
in
collaboration
with
teachers
and
administrative
4
staff
employed
by
the
school,
policies
for
different
grade
5
levels
that
describe
how
a
school
may
discipline
a
student
for
6
making
a
threat
of
violence
or
causing
an
incident
of
violence
7
that
results
in
injury
or
property
damage
or
assault.
Current
8
Code
section
279.65A
establishes
requirements
related
to
the
9
policies.
10
The
bill
modifies
Code
section
279.65A
to
require
school
11
districts
and
charter
schools
to
adopt,
in
collaboration
with
12
teachers
and
administrative
staff
employed
by
the
school,
13
policies
for
different
grade
levels
that
describe
how
a
school
14
may
discipline
a
student
for
causing
a
violent
disruption
15
or
nonviolent
disruption.
The
bill
defines
“nonviolent
16
disruption”
to
include
a
disruption
to
classroom
instruction
17
that
is
a
result
of
disorderly
conduct,
abusive
or
profane
18
language,
bullying,
or
repeatedly
disruptive
behavior.
The
19
bill
defines
“violent
disruption”
to
include
a
disruption
to
20
classroom
instruction
that
is
a
result
of
a
threat
of
violence
21
or
an
incident
of
violence
that
results
in
injury,
property
22
damage,
or
assault.
23
The
policies
must
be
consistent
with
the
provisions
of
Code
24
chapter
256B
(special
education)
and
rules
adopted
by
the
state
25
board
of
education
for
purposes
of
Code
chapter
256B
and
with
26
certain
specified
federal
laws.
27
The
policies
must
require
each
attendance
center
within
the
28
school
district
to
create
a
placement
review
committee
that
29
is
responsible
for
determining
when
a
student
who
was
removed
30
from
the
classroom
pursuant
to
the
bill’s
provisions
may
return
31
to
the
classroom.
The
bill
establishes
the
membership
of
the
32
placement
review
committee.
33
The
policies
must
authorize
a
teacher
to
remove
a
student
who
34
causes
a
nonviolent
disruption
from
the
teacher’s
classroom
and
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place
the
student
under
the
supervision
of
the
principal
for
at
1
least
30
minutes.
A
student
who
is
removed
from
the
classroom
2
pursuant
to
this
provision
is
required
to
make
up
any
work
that
3
the
student
missed
while
the
student
was
under
the
supervision
4
of
the
principal.
In
addition,
the
policies
must
prohibit
the
5
principal
from
returning
a
student
who
is
removed
from
the
6
classroom
to
the
teacher’s
classroom
without
the
teacher’s
7
consent,
unless
the
placement
review
committee
determines
that
8
the
student
should
be
returned
to
the
classroom.
The
policies
9
must
also
require
the
principal
to
inform
the
teacher
of
the
10
disciplinary
actions
taken
against
the
student
who
was
removed
11
from
the
classroom
as
soon
as
is
reasonably
possible
after
12
the
student’s
removal.
The
policies
must
require
that
if
a
13
student
is
removed
from
the
classroom
more
than
once
in
one
14
school
year,
the
teacher,
a
qualified
guidance
counselor,
the
15
student’s
parent
or
legal
guardian,
if
the
student
is
not
an
16
emancipated
minor,
and
the
student
are
required
to
participate
17
in
a
meeting
to
discuss
the
student’s
nonviolent
disruptions
18
and
to
establish
a
behavioral
plan
and
a
course
of
discipline
19
to
correct
the
student’s
behavior,
which
may
include
placement
20
in
an
alternative
learning
environment.
21
The
policies
must
require
a
teacher
to
remove
a
student
who
22
causes
a
violent
disruption
from
the
teacher’s
classroom
and
23
place
the
student
under
the
supervision
of
the
principal.
The
24
policies
must
prohibit
the
principal
from
returning
a
student
25
who
is
removed
from
the
classroom
pursuant
to
this
provision
to
26
the
teacher’s
classroom
without
the
teacher’s
consent,
unless
27
the
placement
review
committee
determines
that
the
student
28
should
be
returned
to
the
classroom.
However,
the
placement
29
review
committee
shall
not
have
the
authority
to
require
a
30
student
to
return
to
a
teacher’s
classroom
if
the
teacher
31
removed
the
student
from
the
teacher’s
classroom
because
the
32
student
caused
a
violent
disruption
that
included
the
student
33
assaulting
the
teacher,
and
the
teacher
does
not
consent
to
34
allowing
the
student
to
return
to
the
teacher’s
classroom.
The
35
-7-
LSB
5879XS
(3)
91
jda/jh
7/
8
S.F.
2044
policies
must
require
that
a
student
removed
from
the
classroom
1
pursuant
to
this
provision
be
suspended,
expelled,
or
placed
in
2
an
alternative
learning
environment.
3
The
bill
makes
conforming
changes.
4
-8-
LSB
5879XS
(3)
91
jda/jh
8/
8