SSB 3080 (LSB 5038XC (17) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON SINCLAIR)

A BILL FOR

An Act relating to classroom management and related practitioner preparation procedures for reporting alleged classroom violence and assaults, to corporal punishment, establishing a grant program and fund for creation of therapeutic classrooms, providing supplementary weighting for the transportation of certain students to therapeutic classrooms, making an appropriation, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.9, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  60.  Develop, establish, and distribute to school districts standards, guidelines, and expectations for the appropriate and inappropriate responses to behavior in the classroom that presents an imminent threat of bodily injury to a student or another person and for the reasonable, necessary, and appropriate physical restraint of a student. The director shall consult with the area education agencies to create comprehensive and consistent standards and guidance for professional development relating to successfully educating individuals in the least restrictive environment.
    Sec. 2.  Section 256.16, subsection 1, paragraph c, Code 2020, is amended to read as follows:
   c.  Include in the professional education program, preparation that contributes to the education of students with disabilities and students who are gifted and talented, preparation in developing individualized education programs, preparation for educating individuals in the least restrictive environment, and other strategies that address difficult and violent student behavior and improve academic engagement and achievement, and preparation in classroom management addressing high-risk behaviors including, but not limited to, behaviors related to substance abuse. Preparation required under this paragraph must be successfully completed before graduation from the practitioner preparation program.
    Sec. 3.  NEW SECTION.  256.25  Therapeutic classroom incentive grant program —— fund.
   1.  The department shall create a therapeutic classroom incentive grant program to provide competitive grants to school districts for the establishment of therapeutic classrooms. 
   2.  A school district, which may collaborate and partner with one or more school districts, area education agencies, and accredited nonpublic schools located in mental health and disability services regions providing children’s behavioral health services in accordance with chapter 331, subchapter III, part 6, may apply for a grant under this program to establish a therapeutic classroom in the school district in accordance with this section.
   3.  The department shall develop a grant application and selection and evaluation criteria. Selection criteria shall include a method for prioritizing grant applications submitted by school districts located in mental health and disability services regions providing children’s behavioral health services in accordance with chapter 331, subchapter III, part 6, with those proposing to serve the most students given highest priority. 
   4.  a.  The department may disburse moneys contained in the therapeutic classroom incentive fund as grants to school districts for the establishment of therapeutic classrooms. 
   b.  The total amount of funding awarded for the establishment of therapeutic classrooms for a fiscal year shall not exceed an amount equivalent to the state cost per pupil multiplied by weighting of one and one-half pupil calculated for one hundred fifty pupils. 
   c.  Grant awards shall be made for the establishment of therapeutic classrooms with one to five pupils, classrooms with six to ten pupils, and classrooms with eleven to fifteen pupils.
   d.  For purposes of calculating a therapeutic classroom grant award, the department shall determine grant awards based on the following:
   (1)  For classrooms with one to five pupils, using the state cost per pupil multiplied by weighting of one and one-half pupil multiplied by five.
   (2)  For classrooms with six to ten pupils, using the state cost per pupil multiplied by weighting of one and one-half pupil multiplied by ten.
   (3)  For classrooms with eleven to fifteen pupils, using the state cost per pupil multiplied by weighting of one and one-half pupil multiplied by fifteen.
   e.  Grant moneys shall be distributed after July 1 but before the start of the school calendar for start-up costs for a new therapeutic classroom in the fall semester.
   5.  A therapeutic classroom incentive fund is established in the state treasury under the control of the department. The department may accept gifts, grants, bequests, and other private contributions, as well as state or federal moneys, for deposit in the fund. Moneys available in the therapeutic classroom incentive fund for a fiscal year shall be distributed as grants pursuant to this section. 
    Sec. 4.  Section 256B.2, subsection 2, Code 2020, is amended to read as follows:
   2.  a.  It is the policy of this state to require school districts and state-operated educational programs to provide or make provision, as an integral part of public education, for a free and appropriate public education sufficient to meet the needs of all children requiring special education. This chapter is not to be construed as encouraging separate facilities or segregated programs designed to meet the needs of children requiring special education when the children can benefit from all or part of the education program as offered by the local school district. To the maximum extent possible, children Children requiring special education shall, consistent with the least restrictive environment requirements under the federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq., attend regular classes and shall be educated with children who do not require special education.
   b.  (1)  Whenever possible reasonable, hindrances to learning and to the normal functioning of children requiring special education within the regular school environment shall be overcome by the provision of special aids and services rather than by separate programs for those in need of special education.
   (2)  Special classes, separate schooling, or other removal of children requiring special education from the regular educational environment, shall occur only when, and to the extent that the nature or severity of the educational disability is such, that education in regular classes, even with the use of supplementary aids and services, cannot be accomplished satisfactorily.
   (3)  Individualized education programs for children requiring special education within the regular school environment shall not include provision for clearing all other students out of the regular classroom in order to calm the child requiring special education.
   c.  For those children who cannot adapt to the regular educational or home living conditions, and who are attending facilities under chapters 263, 269, and 270, upon the request of the board of directors of an area education agency, the department of human services shall provide residential or detention facilities and the area education agency shall provide special education programs and services. The area education agencies shall cooperate with the board of regents to provide the services required by this chapter.
    Sec. 5.  Section 257.11, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.  Transportation to therapeutic classrooms.  In order to provide additional funds for school districts to fund transportation services for pupils who are enrolled in the school district or in an accredited nonpublic school located within the boundaries of the school district, but who are assigned to a therapeutic classroom that is located more than thirty miles from the school district of enrollment or accredited nonpublic school and is operated by another school district or accredited nonpublic school under an agreement between the school districts or between a school district and an accredited nonpublic school, a supplementary weighting plan for such pupils is adopted. A supplementary weighting of two-tenths per pupil shall be assigned to such pupils. The department shall prorate the amount of supplementary weighting paid in accordance with this section if the amount of additional funding for all school districts under this section exceeds five hundred thousand dollars. 
    Sec. 6.  NEW SECTION.  279.51A  Classroom environment —— behavioral challenges —— reports of violence or assault.
   1.  A classroom teacher may clear students from the classroom only if necessary to prevent or terminate an imminent threat of bodily injury to a student or another person in the classroom. 
   2.  If a classroom teacher clears all other students from the classroom in accordance with subsection 1, the school district shall, by the end of the school day if possible but at least within twenty-four hours after the incident giving rise to the classroom clearance, notify the parents or guardians of all students assigned to the classroom that was cleared. The principal of the school shall request that the parent or guardian of the student whose behavior caused the classroom clearance meet with the principal, the classroom teacher, and other staff as appropriate, prior to the student’s return to the classroom. 
   3.  If the student whose behavior caused the classroom clearance has an individualized education program, the classroom teacher may call for and be included in a reevaluation of the student’s individualized education program by the student’s individualized education program team.
   4.  A classroom teacher employed by a school district shall report any alleged incident of violence or assault by a student enrolled in the school to the principal of the school.
   5.  A teacher or administrator employed by a school district may report alleged incidents of violence or assault by a student enrolled in the school district to the commissioner of public safety. The commissioner, pursuant to section 692.19, shall compile and summarize the reports, categorized by alleged behavior, and shall submit the summary to the general assembly and the department of education pursuant to section 692.19. A teacher or administrator who submits a report in accordance with this subsection and who meets the requirements of section 280.27 or section 613.21 shall be immune from civil or criminal liability relating to such action, as well as for participating in any administrative or judicial proceeding resulting from or relating to the report pursuant to the provisions of sections 280.27 and 613.21. Personal information regarding a student in a report submitted pursuant to this section shall be kept confidential in the same manner as personal information in student records maintained, created, collected, or assembled by or for a school corporation or educational institution in accordance with section 22.7, subsection 1. 
   6.  For purposes of this section, unless the context otherwise requires, “bodily injury” means physical pain, illness, or any other impairment of physical condition. 
    Sec. 7.  Section 280.21, subsection 1, Code 2020, is amended to read as follows:
   1.  An employee 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 physical contact with the body of a student shall not be considered corporal punishment if, in the opinion of a reasonable person at the time of the incident, it is reasonable and necessary under the circumstances and is not designed or intended to cause pain or if the employee uses reasonable force, as defined under section 704.1, for the protection of the employee, 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 state board of education shall adopt rules under chapter 17A to implement this section.
    Sec. 8.  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, comes into physical contact with a student shall be granted immunity from any civil or criminal liability, and immunity from any disciplinary action by the school employee’s employer or the department of education, 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 any of the following:
    Sec. 9.  Section 280.21, subsection 2, Code 2020, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  j.  Relocating a student who is causing a severe distraction or disturbance that is detracting from the educational experience of other students.
   NEW PARAGRAPH.  k.  Relocating a student who is not responding to verbal or written instructions that are intended to change the immediate behavior of the student or relocating a student who is exhibiting passive resistance behaviors.
    Sec. 10.  Section 280.21, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  To prevail in a disciplinary action alleging a violation of this section or a disciplinary action alleging a violation of a related school policy, the party bringing the action shall prove the violation by clear and convincing evidence.
    Sec. 11.  Section 692.19, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  Shall compile and summarize reported incidents of violence or assault by a student enrolled in a school district submitted in accordance with section 279.51A, and shall submit the summary by September 1 annually to the general assembly and the department of education.
    Sec. 12.  DEPARTMENT OF EDUCATION.  There is appropriated from the general fund of the state to the department of education for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For developing, establishing, and distributing standards, guidelines, and expectations relating to behavior in the classroom, restraint of a student, and professional development relating to educating individuals in the least restrictive environment in accordance with section 256.9, subsection 60, as enacted by this Act:
   ...................................................................... $    500,000
    Sec. 13.  EMERGENCY RULES.  The state board of education may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of this Act and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.
    Sec. 14.  EFFECTIVE DATE.  The following takes effect July 1, 2021:
   The section of this Act amending section 256.16, subsection 1, paragraph “c”.
    Sec. 15.  EFFECTIVE DATE.  The following, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this Act enacting section 256.25.
   2.  The section of this Act relating to emergency rules.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to classroom management by providing for development and distribution of guidelines, requiring approved practitioner preparation programs to include preparation relating to the development of individualized education programs (IEP) and to positive behavioral interventions and other strategies, prohibiting implementation of what is commonly referred to as a classroom clear in a student’s IEP, establishing a therapeutic classroom incentive grant program and fund under the control of the department of education to provide competitive grants to school districts for the establishment of therapeutic classrooms, appropriating moneys for the transportation of students to therapeutic classrooms, providing for the submission of reports of alleged violence or assaults by students to the commissioner of public safety, and making changes to provisions relating to corporal punishment.
   DEVELOPMENT AND DISTRIBUTION OF GUIDELINES. The bill directs the director of the department of education to develop and establish, and distribute to school districts, standards, guidelines, and expectations for responses to behavior in the classroom that presents an imminent threat of bodily injury to a student or another person. The director must consult with the area education agencies to create comprehensive and consistent standards and guidance for professional development relating to successfully educating individuals in the least restrictive environment. The bill defines “bodily injury” as physical pain, illness, or any other impairment of physical condition. The bill appropriates $500,000 to the department from the general fund of the state for FY 2020-2021 for such purposes.
   PRACTITIONER PREPARATION REQUIREMENTS. Approved practitioner preparation programs must include preparation in preparation for educating individuals in the least restrictive environment and other strategies to address difficult and violent student behavior and improve academic engagement and achievement. This provision takes effect July 1, 2021.
   CLASSROOM CLEAR REQUIREMENTS. Though an IEP developed for a child requiring special education shall not include provision for clearing all other students out of the regular classroom in order to calm the child, a classroom teacher may clear students from a classroom if a student’s behavior presents an immediate danger to the health or safety of persons in the classroom. If a teacher clears a classroom in such a situation, the school district must, by the end of the school day optimally or at least within 24 hours of the incident, notify the parents or guardians of all students assigned to the classroom of the action taken to clear the classroom. The principal of the school shall request that the parent or guardian of the student whose behavior caused the classroom clearance meet with the principal, the classroom teacher, and other staff as appropriate, prior to the student’s return to the classroom. If the student has an IEP, the classroom teacher may call for and be included in a reevaluation of the student’s IEP by the student’s IEP team.
   A classroom teacher must report any alleged incident of violence or assault by a student to the principal.
   REPORTS TO COMMISSIONER OF PUBLIC SAFETY. A teacher or administrator may report alleged incidents of violence or assault by a student enrolled in the school district to the commissioner of public safety, who shall compile and summarize the reports and submit the summary by September 1 annually to the general assembly and the department of education. A teacher or administrator who submits such a report and meets certain statutory requirements is immune from civil or criminal liability. Personal information regarding a student in such a report is confidential. 
   THERAPEUTIC CLASSROOM INCENTIVE GRANT AND FUND. A school district, which may collaborate and partner with one or more school districts, area education agencies, and accredited nonpublic schools in mental health and disability services regions providing children’s behavioral health services, may apply for a grant to establish a therapeutic classroom in the school district. 
   The department is directed to develop a grant application and selection and evaluation criteria, and to give priority to grant applications submitted by school districts located in regions providing children’s behavioral health services, with highest priority to those proposing to serve the most students.
   If state, federal, or private moneys deposited in the therapeutic classroom incentive fund are sufficient, the department of education may issue grants to school districts for the establishment of therapeutic classrooms. Grant moneys shall be distributed after July 1 but before the start of the school calendar for start-up costs for a new therapeutic classroom in the fall semester.
   The total amount of funding awarded for the establishment of therapeutic classrooms for a fiscal year shall not exceed an amount equivalent to the state cost per pupil multiplied by weighting of 1.5 pupils calculated for 150 pupils. 
   The therapeutic classroom incentive fund is established in the state treasury under the control of the department of education. The department may accept gifts, grants, bequests, and other private contributions, as well as state or federal moneys, for deposit in the fund. 
   Provisions relating to the therapeutic classroom incentive grant and fund take effect upon enactment.
   TRANSPORTATION TO THERAPEUTIC CLASSROOMS. Pupils who are enrolled in a school district or in an accredited nonpublic school located within the boundaries of the school district, but who are assigned to a therapeutic classroom that is located more than 30 miles from the school district of enrollment and is operated by another school district or accredited nonpublic school under an agreement between the school districts or between a school district and an accredited nonpublic school, are assigned a supplementary weighting of two-tenths per pupil. The department shall prorate the amount of supplementary weighting paid if the amount of additional funding for all school districts exceeds $500,000. 
   CORPORAL PUNISHMENT. The bill also adds to exemptions under the statutory provisions relating to corporal punishment of a student, provides circumstances under which a school employee shall be granted immunity from civil and criminal liability, and immunity from disciplinary action by the employer or the department of education, which results from reasonable and necessary physical contact with a student, and establishes an evidentiary standard for a disciplinary action.
   Under the bill, if an employee’s physical contact with the body of a student meets current statutory requirements and is reasonable and necessary under the circumstances in the opinion of a reasonable person at the time of the incident, the physical contact shall not be considered corporal punishment.
   To the current circumstances under which a school employee shall be granted immunity, the bill adds relocating a student who is causing a severe distraction or disturbance that is detracting from the educational experience of other students, and relocating a student who is not responding to verbal or written instructions that are intended to change the immediate behavior of the student or relocating a student who is exhibiting passive resistance behaviors.
   To prevail in a disciplinary action alleging violation of the corporal punishment provisions or a related school policy, the bill provides that the party bringing the action must prove the violation by clear and convincing evidence.
   EMERGENCY RULEMAKING AUTHORITY. The bill authorizes the state board of education to adopt emergency rules to implement the bill. This provision takes effect upon enactment.