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Senate
File
2149
-
Introduced
SENATE
FILE
2149
BY
CAMPBELL
A
BILL
FOR
An
Act
relating
to
civil
actions
against
school
board
members
1
and
superintendents
for
school
policies
that
violate
state
2
law.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2149
Section
1.
NEW
SECTION
.
279.89
School
policies
in
1
violation
of
state
law
——
civil
actions
against
board
members
and
2
superintendents.
3
1.
If
any
person
residing
in
a
school
district
believes
4
that
the
board
of
directors
of
the
school
district
or
the
5
superintendent
of
the
school
district
has
adopted
a
policy
that
6
is
in
violation
of
any
state
law,
the
person
may
notify
the
7
county
attorney
of
the
county
in
which
the
school
district’s
8
central
administrative
office
is
located
of
the
potential
9
violation.
The
county
attorney
may
bring
a
civil
action
10
against
the
members
of
the
board
of
directors
of
the
school
11
district
who
voted
in
favor
of
adopting
the
policy
that
may
be
12
in
violation
of
a
state
law,
and
against
the
superintendent
13
of
the
school
district,
to
compel
the
school
district
to
14
comply
with
state
law.
A
member
who
did
not
vote
in
favor
of
15
the
alleged
violation
of
state
law
shall
not
be
named
as
a
16
defendant
in
the
action.
17
2.
If
the
county
attorney
is
the
prevailing
party
in
the
18
civil
action
instituted
pursuant
to
subsection
1,
the
court
19
shall
do
all
of
following:
20
a.
Grant
the
injunctive
relief
sought
by
the
county
21
attorney.
22
b.
(1)
Award
the
county
attorney
an
amount
equal
to
the
23
greater
of
the
following:
24
(a)
One
thousand
dollars
for
each
defendant
that
the
court
25
finds
adopted
a
policy
that
is
in
violation
of
state
law.
26
(b)
The
costs
the
county
attorney
incurred
in
bringing
the
27
civil
action,
including
costs
related
to
the
county
attorney’s
28
investigation.
29
(2)
The
court
shall
allocate
the
amount
awarded
equally
30
among
the
defendants
that
the
court
finds
adopted
a
policy
that
31
is
in
violation
of
state
law.
32
(3)
The
moneys
awarded
shall
be
deposited
in
the
general
33
fund
of
the
county
for
the
use
of
the
county
attorney
in
34
carrying
out
the
county
attorney’s
duties.
35
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2149
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
civil
actions
against
school
board
4
members
and
superintendents
for
school
policies
that
violate
5
state
law.
6
The
bill
provides
that
if
any
person
residing
in
a
school
7
district
believes
that
the
board
of
directors
of
the
school
8
district
or
the
superintendent
of
the
school
district
has
9
adopted
a
policy
that
is
in
violation
of
any
state
law,
10
the
person
may
notify
the
county
attorney
of
the
potential
11
violation.
The
county
attorney
may
bring
a
civil
action
12
against
the
members
of
the
board
of
directors
of
the
school
13
district
who
voted
in
favor
of
adopting
the
policy
that
may
be
14
in
violation
of
a
state
law,
and
against
the
superintendent
of
15
the
school
district,
to
compel
the
school
district
to
comply
16
with
state
law.
The
bill
establishes
that
if
the
county
17
attorney
is
the
prevailing
party
in
the
civil
action,
the
court
18
shall
grant
the
injunctive
relief
sought
by
the
county
attorney
19
and
award
the
county
attorney
an
amount
equal
to
the
greater
of
20
$1,000
for
each
defendant
that
the
court
finds
adopted
a
policy
21
that
is
in
violation
of
state
law
or
the
costs
the
county
22
attorney
incurred
in
bringing
the
civil
action.
Any
moneys
23
awarded
must
be
deposited
in
the
general
fund
of
the
county
24
for
the
use
of
the
county
attorney
in
carrying
out
the
county
25
attorney’s
duties.
26
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