SSB 3075 (LSB 5949XC (3) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act pertaining to immunity from civil or criminal liability for acts of corporal punishment in schools. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 280.21, subsection 1, Code 2020, is amended to read as follows:
   1.  An employee or volunteer of a public school district, accredited nonpublic school, or area education agency shall not inflict, or cause to be inflicted, corporal punishment upon a student. For purposes of this section, “corporal punishment” means the intentional physical punishment of a student. An employee’s or volunteer’s physical contact with the body of a student shall not be considered corporal punishment if it is reasonable and necessary under the circumstances and is not designed or intended to cause pain or if the employee or volunteer uses reasonable force, as defined under section 704.1, for the protection of the employee or volunteer, the student, or other students; to obtain the possession of a weapon or other dangerous object within a student’s control; or for the protection of property. The department of education shall adopt rules to implement this section.
    Sec. 2.  Section 280.21, subsection 2, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   A school employee who, in the reasonable course of the employee’s employment responsibilities, or a school volunteer who, in the reasonable course of the school volunteer’s volunteer responsibilities, comes into physical contact with a student shall be granted immunity from any civil or criminal liability which might otherwise be incurred or imposed as a result of such physical contact, if the physical contact is reasonable under the circumstances and involves the following:
    Sec. 3.  Section 280.21, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  If a school employee or school volunteer is granted immunity from any civil or criminal liability as provided in subsection 2, the school district, board of directors of the school district, or authorities in charge of the accredited nonpublic school shall also be granted immunity from any civil or criminal liability to the same extent as the school employee or school volunteer. 
    Sec. 4.  Section 280.21, subsection 3, Code 2020, is amended to read as follows:
   3.  To prevail in a civil action alleging a violation of this section, the party bringing the action shall prove the violation by clear and convincing evidence. Any school employee, school volunteer, school district, board of directors of a school district, or authorities in charge of an accredited nonpublic school determined in a civil action to have been wrongfully accused under this section shall be awarded reasonable monetary damages, including attorney fees, in light of the circumstances involved, against the party bringing the action.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law governing corporal punishment in schools prohibits an employee of a public school district, accredited nonpublic school, or area education agency from inflicting corporal punishment upon a student. “Corporal punishment” is defined as the intentional physical punishment of a student. Current law specifies circumstances in which an employee’s physical contact with the body of a student shall not be considered corporal punishment. Current law also provides that a school employee who, in the reasonable course of the employee’s employment responsibilities, comes into physical contact with a student shall be granted immunity from any civil or criminal liability which might otherwise be incurred or imposed as a result of such physical contact, if the physical contact is reasonable under the circumstances and involves various specified acts. This bill applies the same prohibitions, responsibilities, and immunity to a school volunteer. 
   The bill provides that if a school employee or school volunteer is granted immunity from any civil or criminal liability in this way, the school district, board of directors of the school district, or authorities in charge of the accredited nonpublic school shall also be granted immunity from any civil or criminal liability to the same extent as the school employee or school volunteer.
   Current law provides that any school employee determined in a civil action to have been wrongfully accused of violating state law on corporal punishment in schools shall be awarded reasonable monetary damages, in light of the circumstances involved, against the party bringing the action. The bill applies this provision to a school volunteer, the school district, board of directors of the school district, or authorities in charge of the accredited nonpublic school as well. The bill provides that reasonable monetary damages include attorney fees.