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House Amendment 4083

Amendment Text

PAG LIN
  1  1    Amend the Senate amendment, H-4057, to House File
  1  2 528, as amended, passed, and reprinted by the House,
  1  3 as follows:
  1  4    #1.  By striking page 1, line 3, through page 3,
  1  5 line 11, and inserting the following:
  1  6    "#   .  Page 11, by inserting after line 10 the
  1  7 following:
  1  8    "Sec.    .  NEW SECTION.  279.58  SCHOOL DRESS CODE
  1  9 POLICIES.
  1 10    1.  The general assembly finds and declares that
  1 11 the students and the administrative and instructional
  1 12 staffs of Iowa's public schools have the right to be
  1 13 safe and secure at school.  Gang-related apparel worn
  1 14 at school draws attention away from the school's
  1 15 learning environment and directs it toward thoughts or
  1 16 expressions of violence, bigotry, hate, and abuse.
  1 17    2.  The board of directors of a school district may
  1 18 adopt, for the district or for an individual school
  1 19 within the district, a dress code policy that requires
  1 20 students to wear specific attire or prohibits students
  1 21 from wearing gang-related or other specific apparel if
  1 22 the board determines that the policy is necessary for
  1 23 the health and safety of students and staff in the
  1 24 school environment or for the appropriate discipline
  1 25 and operation of the school.  Adoption and enforcement
  1 26 of a dress code policy is not a violation of section
  1 27 280.22.
  1 28    3.  If the district adopts a policy for the entire
  1 29 school district, the specific attire selected shall be
  1 30 determined by a committee composed of representatives
  1 31 from the district's administrative staff,
  1 32 instructional staff, and parents and legal guardians
  1 33 of students enrolled in the district.  If the district
  1 34 adopts a policy for an individual school, the specific
  1 35 attire shall be selected by a committee composed of
  1 36 the individual school's administration,
  1 37 representatives from the school's instructional staff,
  1 38 and parents and legal guardians of students enrolled
  1 39 in the school.  A dress code policy that requires
  1 40 students to wear specific attire shall not be
  1 41 implemented with less than six months' notice to
  1 42 parents and legal guardians.  A school implementing a
  1 43 dress code policy requiring specific attire shall make
  1 44 resources available to assist economically
  1 45 disadvantaged students in securing the specific
  1 46 attire.
  1 47    4.  The board shall provide a method by which
  1 48 parents and legal guardians may choose not to have
  1 49 their children comply with an adopted dress code
  1 50 policy that requires specific attire.  If a board
  2  1 chooses to adopt a policy pursuant to this section,
  2  2 the policy shall include a provision that a student
  2  3 shall not be penalized academically or otherwise
  2  4 discriminated against or denied attendance to school
  2  5 if the student's parent or legal guardian chooses not
  2  6 to have the student comply with a school dress code
  2  7 policy that would require the student to wear specific
  2  8 attire.  A policy adopted pursuant to this section
  2  9 shall not preclude students that participate in a
  2 10 nationally recognized youth organization, exempt from
  2 11 federal income taxation under section 501(c)(3) of the
  2 12 Internal Revenue Code, from wearing organization
  2 13 uniforms on days that the organization has a scheduled
  2 14 meeting."
  2 15    #   .  Page 11, by inserting after line 18 the
  2 16 following:
  2 17    "Sec. 999.  NEW SECTION.  280.21B  EXPULSION &endash;
  2 18 WEAPONS IN SCHOOL.
  2 19    The board of directors of a school district and the
  2 20 authorities in charge of a nonpublic school which
  2 21 receives services supported by federal funds shall
  2 22 expel from school for a period of not less than one
  2 23 year a student who is determined to have brought a
  2 24 weapon to a school under the jurisdiction of the board
  2 25 or the authorities.  However, the superintendent or
  2 26 chief administering officer of a school or school
  2 27 district may modify expulsion requirements on a case-
  2 28 by-case basis.  This section shall not be construed to
  2 29 prevent the board of directors of a school district or
  2 30 the authorities in charge of a nonpublic school that
  2 31 have expelled a student from the student's regular
  2 32 school setting from providing educational services to
  2 33 the student in an alternative setting.  If both this
  2 34 section and section 282.4 apply, this section takes
  2 35 precedence over section 282.4.  For purposes of this
  2 36 section, "weapon" means a firearm as defined in 18
  2 37 U.S.C. } 921.  This section shall be construed in a
  2 38 manner consistent with the federal Individuals with
  2 39 Disabilities Education Act, 20 U.S.C. } 1400 et seq."
  2 40    #   .  Page 20, by inserting after line 16 the
  2 41 following:
  2 42    "Sec.    .  Section 708.1, Code 1995, is amended by
  2 43 adding the following new unnumbered paragraph:
  2 44    NEW UNNUMBERED PARAGRAPH.  Provided, that where the
  2 45 person doing any of the above enumerated acts is
  2 46 employed by a school district or accredited nonpublic
  2 47 school, or is an area education agency staff member
  2 48 who provides services to a school or school district,
  2 49 and intervenes in a fight or physical struggle, or
  2 50 other disruptive situation, that takes place in the
  3  1 presence of the employee or staff member performing
  3  2 employment duties in a school building, on school
  3  3 grounds, or at an official school function regardless
  3  4 of the location, the act shall not be an assault,
  3  5 whether the fight or physical struggle or other
  3  6 disruptive situation is between students or other
  3  7 individuals if the degree and the force of the
  3  8 intervention is reasonably necessary to restore order
  3  9 and to protect the safety of those assembled."
  3 10    #   .  Page 22, by inserting after line 10 the
  3 11 following:
  3 12    "Sec.    .  Section 808A.1, subsection 1, paragraph
  3 13 d, Code 1995, is amended to read as follows:
  3 14    d.  A school locker, desk, or other facility or
  3 15 space issued or assigned to, or chosen by, the student
  3 16 for the storage of personal belongings of any kind,
  3 17 which the student locks or is permitted to lock.
  3 18 School officials may conduct periodic inspections of
  3 19 all school lockers or a randomly selected number of
  3 20 school lockers.  However, the school district shall
  3 21 provide notice to the students, at least twenty-four
  3 22 hours prior to the inspection, of the date and time of
  3 23 the inspection."
  3 24    #   .  Page 23, by inserting after line 30 the
  3 25 following:
  3 26    "Sec.    .  EFFECTIVE DATE.  Section 999 of this
  3 27 Act, being deemed of immediate importance, takes
  3 28 effect upon enactment."
  3 29    #   .  Title page, line 18, by inserting after the
  3 30 word "circumstances," the following:  "authorizing
  3 31 school districts to adopt a dress code policy,
  3 32 providing for the expulsion of a student for bringing
  3 33 a weapon to school, creating an exemption in the
  3 34 definition of assault, eliminating the twenty-four
  3 35 hour notice to students of a periodic inspection of
  3 36 students' lockers,".
  3 37    #   .  Title page, line 19, by inserting after the
  3 38 word "penalties" the following:  "and providing an
  3 39 effective date"." 
  3 40 
  3 41 
  3 42                              
  3 43 LAMBERTI of Polk
  3 44 
  3 45 
  3 46                              
  3 47 GRUBBS of Scott
  3 48 HF 528.714 76
  3 49 mk/sc
     

Text: H04082                            Text: H04084
Text: H04000 - H04099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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