H.F. 2170 Section 1. NEW SECTION . 259B.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Educational entity” means the state board of education 4 or the board of directors of a school district. 5 2. “Employee” means an individual who is a member of an 6 educational entity, who is employed by an educational entity, 7 who provides student-related services for an educational entity 8 on a contractual basis, or who is an authorized volunteer who 9 provides student-related services for an educational entity. 10 Sec. 2. NEW SECTION . 259B.2 School employees —— limitation 11 of liability. 12 1. An educational entity or its employees shall be immune 13 from civil liability for taking any action regarding the 14 supervision, grading, suspension, expulsion, or discipline of a 15 student while the student is on the property of the educational 16 entity or is under the supervision of the educational entity 17 or its employees. However, such immunity shall not apply if 18 such action violated an express statute, rule, regulation, or 19 clearly articulated policy of the federal government, state, 20 or educational entity. The plaintiff shall have the burden of 21 proving such a violation by clear and convincing evidence. 22 2. An educational entity and its employees shall be immune 23 from civil liability for making a report consistent with 24 federal law to appropriate law enforcement authorities or to 25 officials of an educational entity if the individual making 26 the report has reasonable grounds to suspect that any of the 27 following apply: 28 a. The student is under the influence of alcohol or a 29 controlled substance not lawfully prescribed to the student. 30 b. The student is in possession of a firearm, alcohol, or a 31 controlled substance not lawfully prescribed to the student. 32 c. The student is involved in the illegal solicitation, 33 sale, or distribution of a firearm, alcohol, or a controlled 34 substance not lawfully prescribed to the student. 35 -1- LSB 5635YH (3) 86 je/rj 1/ 5

H.F. 2170 Sec. 3. NEW SECTION . 259B.3 Limitation of punitive damages. 1 An employee shall not be liable for punitive damages for acts 2 or omissions within the course and scope of employment. For 3 purposes of this section, an employee who acts with specific 4 intent to cause harm shall not be considered as acting within 5 the course and scope of employment. 6 Sec. 4. NEW SECTION . 259B.4 False reports —— penalty. 7 1. A person eighteen years of age or older who knowingly 8 makes a false accusation of criminal activity against 9 an employee of an educational entity to law enforcement 10 authorities or school district officials or personnel commits 11 a misdemeanor punishable only by a fine of up to two thousand 12 dollars. 13 2. A public school student between the ages of seven and 14 seventeen who knowingly makes a false accusation of criminal 15 activity against an employee of an educational entity to 16 law enforcement authorities or school district officials or 17 personnel may, at the discretion of the board of directors 18 of the school district, and in accordance with the federal 19 Individuals with Disabilities Education Act, 20 U.S.C. §1400 et 20 seq., be subject to any of the following: 21 a. Expulsion. 22 b. Suspension for a period of time to be determined by the 23 board. 24 c. Community service of a type and for a period of time to 25 be determined by the board. 26 d. Any other sanction as the board in its discretion may 27 deem appropriate. 28 3. The provisions of this section do not apply to 29 accusations against members of the board of directors of a 30 school district. 31 4. This section is in addition to and does not limit any 32 other civil or criminal liability imposed by law on persons who 33 make false statements alleging criminal activity by others. 34 Sec. 5. NEW SECTION . 259B.5 Court costs and attorney fees 35 -2- LSB 5635YH (3) 86 je/rj 2/ 5

H.F. 2170 —— limitation of contingency fees. 1 1. In any civil action or proceeding against an educational 2 entity or its employee for acts or omissions within the course 3 and scope of employment in which the educational entity or 4 its employee prevails, the court shall award court costs and 5 reasonable attorney fees to the prevailing parties. 6 2. In any civil action or proceeding against an educational 7 entity or its employee for acts or omissions within the 8 course and scope of employment, a plaintiff’s attorney shall 9 not enter into a contingency fee contract that provides 10 for the attorney to receive an aggregate contingency fee in 11 excess of thirty-five percent of any recovery, exclusive of 12 reasonable costs and expenses, and shall not charge or accept a 13 contingency fee in excess of that amount. 14 3. For purposes of this section, an employee who acts with 15 specific intent to cause harm shall not be considered as acting 16 within the course and scope of employment. 17 Sec. 6. NEW SECTION . 259B.6 Insurance does not constitute 18 waiver. 19 Unless otherwise provided by law, the existence of any 20 insurance policy indemnifying an educational entity against 21 liability for damages does not constitute a waiver of any 22 defense otherwise available to the educational entity or its 23 employees in the defense of the claim for damages. 24 Sec. 7. NEW SECTION . 259B.7 Construction. 25 This chapter shall not be construed to infringe on any 26 right provided under the federal Individuals with Disabilities 27 Education Act, 20 U.S.C. §1400 et seq. This chapter shall not 28 be construed to conflict with chapter 669 or 670. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill provides immunity from civil liability to an 33 educational entity or its employees for taking any action 34 regarding the supervision, grading, suspension, expulsion, or 35 -3- LSB 5635YH (3) 86 je/rj 3/ 5

H.F. 2170 discipline of a student while the student is on the property 1 of the educational entity or is under the supervision of the 2 educational entity or its employees. However, such immunity 3 shall not apply if such action violated an express statute, 4 rule, regulation, or clearly articulated policy of the federal 5 government, state, or educational entity. The plaintiff shall 6 have the burden of proving such a violation by clear and 7 convincing evidence. 8 The bill also provides immunity from civil liability to 9 an educational entity or its employees for making a report 10 consistent with federal law to appropriate law enforcement 11 authorities or to officials of an educational entity if the 12 individual making the report has reasonable grounds to suspect 13 that a student is engaging in certain activities listed in the 14 bill. 15 The bill defines “educational entity” as the state board of 16 education or the board of directors of a school district. The 17 bill defines “employee” as an individual who is a member of an 18 educational entity, who is employed by an educational entity, 19 who provides student-related services for an educational entity 20 on a contractual basis, or who is an authorized volunteer who 21 provides student-related services for an educational entity. 22 The bill provides that an employee shall not be liable for 23 punitive damages for acts or omissions within the course and 24 scope of employment. 25 The bill provides that a person 18 years of age or older 26 who knowingly makes a false accusation of criminal activity 27 against an employee of an educational entity to law enforcement 28 authorities or school district officials or personnel commits 29 a misdemeanor punishable only by a fine of up to $2,000. The 30 bill provides that a public school student between the ages of 31 7 and 17 who knowingly makes a false accusation of criminal 32 activity against an employee of an educational entity to 33 law enforcement authorities or school district officials or 34 personnel may, at the discretion of the board of directors 35 -4- LSB 5635YH (3) 86 je/rj 4/ 5

H.F. 2170 of the school district, and in accordance with the federal 1 Individuals with Disabilities Education Act, be subject to 2 certain sanctions listed in the bill. These provisions do not 3 apply to accusations against members of the board of directors 4 of a school district. These provisions are in addition to and 5 do not limit any other civil or criminal liability imposed by 6 law on persons who make false statements alleging criminal 7 activity by others. 8 The bill provides that in any civil action or proceeding 9 against an educational entity or its employee for acts or 10 omissions within the course and scope of employment in which 11 the educational entity or its employee prevails, the court 12 shall award court costs and reasonable attorney fees to the 13 prevailing parties. 14 The bill provides that in any civil action or proceeding 15 against an educational entity or its employee for acts 16 or omissions within the course and scope of employment, a 17 plaintiff’s attorney shall not enter into a contingency fee 18 contract that provides for the attorney to receive an aggregate 19 contingency fee in excess of 35 percent of any recovery, 20 exclusive of reasonable costs and expenses, and shall not 21 charge or accept a contingency fee in excess of that amount. 22 For purposes of the bill, an employee who acts with specific 23 intent to cause harm shall not be considered as acting within 24 the course and scope of employment. 25 The bill provides that the existence of any insurance policy 26 indemnifying an educational entity against liability for 27 damages does not constitute a waiver of any defense otherwise 28 available to the educational entity or its employees in the 29 defense of the claim, unless otherwise provided by law. 30 The bill shall not be construed to infringe on any right 31 provided under the federal Individuals with Disabilities 32 Education Act. The bill shall not be construed to conflict 33 with Code chapter 669 or 670, relating to tort liability of the 34 state and governmental subdivisions. 35 -5- LSB 5635YH (3) 86 je/rj 5/ 5