Text: HSB00157 Text: HSB00159 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 279.58 SCHOOL DRESS CODE 1 2 POLICIES. 1 3 1. The general assembly finds and declares that the 1 4 students and the administrative and instructional staffs of 1 5 Iowa's public schools have the right to be safe and secure at 1 6 school. Gang-related attire worn at school draws attention 1 7 away from the school's learning environment and directs it 1 8 toward thoughts or expressions of violence, bigotry, hate, and 1 9 abuse. 1 10 2. The board of directors of a school district may adopt, 1 11 for the district or for an individual school within the 1 12 district, a dress code policy that requires students to wear 1 13 specific attire or prohibits students from wearing gang- 1 14 related apparel if the board determines that the policy is 1 15 necessary for the health and safety of students and staff in 1 16 the school environment. Adoption and enforcement of a dress 1 17 code policy is not a violation of section 280.22. 1 18 3. If the policy requires that students wear a specific 1 19 attire, the specific attire selected shall be determined by 1 20 the principal, instructional staff, and parents and legal 1 21 guardians of students enrolled in the school district. A 1 22 dress code policy that requires students to wear specific 1 23 attire shall not be implemented with less than six months' 1 24 notice to parents and legal guardians. A school implementing 1 25 a dress code policy requiring specific attire shall make 1 26 resources available to assist economically disadvantaged 1 27 students in securing the specific attire. 1 28 4. The board shall provide a method by which parents and 1 29 legal guardians may choose not to have their children comply 1 30 with an adopted dress code policy that requires specific 1 31 attire. If a board chooses to adopt a policy pursuant to this 1 32 section, the policy shall include a provision that a student 1 33 shall not be penalized academically or otherwise discriminated 1 34 against or denied attendance to school if the student's parent 1 35 or legal guardian chooses not to have the student comply with 2 1 a school dress code policy that would require the student to 2 2 wear specific attire. A policy adopted pursuant to this 2 3 section shall not preclude students that participate in a 2 4 nationally recognized youth organization from wearing 2 5 organization uniforms on days that the organization has a 2 6 scheduled meeting. 2 7 Sec. 2. NEW SECTION. 280.21B EXPULSION &endash; WEAPONS IN 2 8 SCHOOL. 2 9 The board of directors of a school district and the 2 10 authorities in charge of a nonpublic school shall expel from 2 11 school for a period of not less than one year a student who is 2 12 determined to have brought a weapon to a school under the 2 13 jurisdiction of the board or the authorities. However, the 2 14 superintendent or chief administering officer of a school or 2 15 school district may modify expulsion requirements on a case- 2 16 by-case basis. This section shall not be construed to prevent 2 17 the board of directors of a school district or the authorities 2 18 in charge of a nonpublic school that have expelled a student 2 19 from the student's regular school setting from providing 2 20 educational services to the student in an alternative setting. 2 21 If both this section and section 282.4 apply, this section 2 22 takes precedence over section 282.4. For purposes of this 2 23 section, "weapon" means a firearm as defined in 18 U.S.C. } 2 24 921. This section shall be construed in a manner consistent 2 25 with the federal Individuals with Disabilities Education Act, 2 26 20 U.S.C. } 1400 et seq. 2 27 Sec. 3. Section 299.5A, unnumbered paragraphs 1 and 5, 2 28 Code 1995, are amended to read as follows: 2 29 If a child is truant as defined in section 299.8, school 2 30 officers shall make a good faith effort to notify the child's 2 31 parent, guardian, or legal or actual custodian of the truancy, 2 32 including but not limited to sending a letter by certified 2 33 mail, a copy of which the school shall keep on file, to the 2 34 parent, guardian, or legal or actual custodian. School 2 35 officers shall also attempt to find the cause for the child's 3 1 absence and use every means available to the school to assure 3 2 that the child does attend. If the parent, guardian, or legal 3 3 or actual custodian, or child refuses to accept the school's 3 4 attempt to assure the child's attendance or the school's 3 5 attempt to assure the child's attendance is otherwise 3 6 unsuccessful, the truancy officer shall refer the matter to 3 7 the county attorney for mediation or prosecution, and shall 3 8 contact the department of human services to request 3 9 information indicating whether the child has a parent, 3 10 guardian, or legal or actual custodian who is participating in 3 11 the family investment program under chapter 239. 3 12 The mediator may refer a truant to the juvenile court if 3 13 mediation breaks down without an agreement being reached. If 3 14 mediation does not result in the child's school attendance, 3 15 and the school has determined that the child's parent, 3 16 guardian, or legal or actual custodian is participating in the 3 17 family investment program under chapter 239, school officials 3 18 shall notify the department of human services, which shall 3 19 institute any appropriate action. 3 20 Sec. 4. Section 299.6, unnumbered paragraph 1, Code 1995, 3 21 is amended to read as follows: 3 22AnyA person who violates a mediation agreement under 3 23 section 299.5A, who is referred for prosecution under section 3 24 299.5A and is convicted of a violation of any of the 3 25 provisions of sections 299.1 through 299.5, who violates any 3 26 of the provisions of sections 299.1 through 299.5, or who 3 27 refuses to participate in mediation under section 299.5A, for 3 28 a first offense, is guilty of a simple misdemeanor. A person 3 29 who violates a provision of section 299.17, for a first 3 30 offense, is guilty of a simple misdemeanor. 3 31 Sec. 5. NEW SECTION. 299.17 AID, SUPPORT, OR SHELTER OF 3 32 TRUANT PROHIBITED. 3 33 A person other than a child's parent, guardian, legal or 3 34 actual custodian shall not knowingly provide aid, support, or 3 35 shelter during the school day to a child who is truant as 4 1 defined in section 299.8. 4 2 Sec. 6. Section 710.8, subsection 2, Code 1995, is amended 4 3 to read as follows: 4 4 2. A person shall not harbor a runaway child with the in- 4 5 tent of committing a criminal act involving the child or with 4 6 the intent of enticing or forcing the runaway child to commit 4 7 a criminal act. A person convicted of a violation of this 4 8 subsection is guilty of an aggravated misdemeanor. 4 9 Sec. 7. Section 710.8, subsection 3, Code 1995, is amended 4 10 by striking the subsection and inserting in lieu thereof the 4 11 following: 4 12 3. A person other than a child's parent, guardian, legal 4 13 or actual custodian shall not harbor a runaway child. A 4 14 person convicted of a violation of this subsection is guilty 4 15 of a simple misdemeanor. 4 16 Sec. 8. Section 808A.1, subsection 1, paragraph d, Code 4 17 1995, is amended to read as follows: 4 18 d. A school locker, desk, or other facility or space is- 4 19 sued or assigned to, or chosen by, the student for the storage 4 20 of personal belongings of any kind, which the student locks or 4 21 is permitted to lock. School officials may conduct periodic 4 22 inspections of all school lockers.However, the school4 23district shall provide notice to the students, at least4 24twenty-four hours prior to the inspection, of the date and4 25time of the inspection.4 26 Sec. 9. WELFARE REFORM WAIVER MODIFICATION. 4 27 1. The department of human services shall submit a waiver 4 28 or waiver modification request to the United States department 4 29 of health and human services as necessary to implement the 4 30 school attendance provisions of this section for a recipient 4 31 under the family investment program. Under the provision, the 4 32 superintendent of a school district, authorities in charge of 4 33 a nonpublic school, or a school truancy officer may request 4 34 and receive information from the department of human services 4 35 indicating whether a child who may be truant as defined in 5 1 section 299.8 has a parent, guardian, or legal or actual 5 2 custodian who is participating in the family investment 5 3 program. If referral of the truancy matter to the county 5 4 attorney pursuant to section 299.5A does not assure the 5 5 child's attendance, the superintendent, authorities, or school 5 6 truancy officer may notify the department of the truancy 5 7 matter and the department may apply a sanction to the parent. 5 8 The sanction shall be equivalent to a jobs opportunity and 5 9 basic skills program sanction for a recipient who does not 5 10 comply with jobs opportunity and basic skills program 5 11 requirements under chapter 249C. 5 12 2. The department shall implement the school attendance 5 13 requirement of this section on the first day of the month 5 14 following federal approval of the provisions of this Act, or 5 15 on July 1, 1994, whichever date is later. 5 16 3. If the federal government grants a waiver under this 5 17 section, the department shall prepare an amendment for 5 18 consideration by the next general assembly to provide for 5 19 statutory reference to the provisions of this section. 5 20 Sec. 10. EMERGENCY RULES. The department of human 5 21 services may adopt emergency rules under section 17A.4, 5 22 subsection 2, and section 17A.5, subsection 2, paragraph "b", 5 23 to implement the provisions of this Act and the rules shall be 5 24 effective immediately upon filing unless a later date is 5 25 specified in the rules, and the rules shall be in effect for a 5 26 period of 180 days following the date the rules take effect. 5 27 Any rules adopted in accordance with this section shall also 5 28 be published as a notice of intended action as provided in 5 29 section 17A.4. 5 30 Sec. 11. CONDITIONAL EFFECTIVE DATE. Section 3 of this 5 31 Act shall not take effect unless an appropriation is made 5 32 which complies with section 25B.2, subsection 3. 5 33 Sec. 12. EFFECTIVE DATE. Sections 2, 9, and 10 of this 5 34 Act, being deemed of immediate importance, take effect upon 5 35 enactment. 6 1 EXPLANATION 6 2 The bill contains provisions related to expulsion of a 6 3 student who brings a weapon to school, tying truancy to the 6 4 aid a child's parent or guardian receives under the family 6 5 investment program, school dress code policies, and provides 6 6 penalties for providing aid, support, or shelter to runaway or 6 7 truant children. 6 8 The bill contains a declaration of legislative findings and 6 9 authorizes the board of directors of a school district to 6 10 adopt, for the entire district or for an individual school 6 11 within the district, a dress code policy that requires 6 12 students to wear specific attire or prohibits students from 6 13 wearing gang-related apparel if the board determines that the 6 14 policy is necessary for the health and safety of students and 6 15 staff in the school environment. If specific attire is 6 16 required, the specific attire would be selected by the 6 17 principal, staff, and parents and guardians of the school 6 18 district. Parents and legal guardians shall be given at least 6 19 six months' notice before a dress code policy requiring 6 20 specific attire can be implemented, and the school 6 21 implementing the policy shall have resources available to 6 22 assist economically disadvantaged students in securing 6 23 specific attire. 6 24 The bill requires the school district to provide a method 6 25 by which parents may choose not to have their children comply 6 26 with a policy that requires students to wear specific attire. 6 27 A student shall not be penalized academically or otherwise 6 28 discriminated against nor denied attendance to school if the 6 29 student's parents or legal guardians choose not to have the 6 30 student comply with a policy that requires specific attire. 6 31 The bill does not preclude students that participate in a 6 32 nationally recognized youth organization from wearing 6 33 organization uniforms on days that the organization has a 6 34 scheduled meeting. 6 35 The bill conforms Iowa law to federal law regarding the 7 1 expulsion of students who bring weapons to school. The 7 2 federal Gun-Free School Act of 1994 requires states receiving 7 3 federal funds under the Act to have in effect a law requiring 7 4 local educational agencies to expel from school for a period 7 5 of not less than one year a student who brings a weapon, as 7 6 defined under federal law, to school. The bill does not 7 7 prevent a school board or the authorities in charge of a 7 8 nonpublic school from providing educational services to the 7 9 expelled student in an alternative setting. 7 10 Under the bill, if a child is determined to be truant, 7 11 school officers shall make a good faith effort to notify the 7 12 child's parent, guardian, or legal or actual custodian of the 7 13 truancy. Notification shall include sending a certified 7 14 letter, a copy of which the school shall keep on file. School 7 15 officers may request and receive information from the 7 16 department of human services indicating whether a child who 7 17 may be truant has a parent, guardian, or legal or actual 7 18 custodian participating in the family investment program. If 7 19 referral to the county attorney for mediation does not result 7 20 in the child's school attendance, school officials may notify 7 21 the department of human services of the truancy and if the 7 22 federal government has granted the department a waiver, the 7 23 department may reduce the recipient's aid under the family 7 24 investment program in an amount equivalent to a JOBS program 7 25 sanction. The department of human services is permitted to 7 26 adopt emergency rules to implement certain provisions in the 7 27 bill. 7 28 A person other than the child's parent, guardian, or legal 7 29 or actual custodian shall not knowingly provide aid, support, 7 30 or shelter during the school day to a child who is truant. A 7 31 person who violates this provision is guilty of a simple 7 32 misdemeanor for the first offense and punishments and fines 7 33 are provided for in the bill. 7 34 The bill also prohibits a person from harboring a runaway 7 35 and establishes that a person convicted of harboring a runaway 8 1 is guilty of a simple misdemeanor. The Code defines a runaway 8 2 child as a person under 18 years of age who is voluntarily 8 3 absent from the person's home without the consent of the 8 4 parent, guardian, or custodian. 8 5 The bill eliminates the requirement that a school district 8 6 provide at least 24 hours' notice to students prior to 8 7 inspecting all school lockers. 8 8 The bill requires the department of human services to 8 9 submit a waiver request to the United States department of 8 10 health and human services to implement school attendance 8 11 provisions of the bill. 8 12 The bill may create a state mandate under chapter 25B. The 8 13 provision requiring a school to notify a parent of a truancy 8 14 by letter and contact the department of human services shall 8 15 not take effect unless the general assembly appropriates an 8 16 amount sufficient under section 25B.2, subsection 3, to fully 8 17 fund the cost of the bill or fund the state's proportionate 8 18 share of the cost. 8 19 Sections of the bill involving the welfare reform waiver 8 20 modification, emergency rules adopted by the department of 8 21 human services, and expulsion of a student for bringing a 8 22 weapon to school take effect upon enactment. 8 23 LSB 1189HC 76 8 24 kh/jw/5
Text: HSB00157 Text: HSB00159 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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