Text: HSB00229 Text: HSB00231 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.147, subsection 3, Code 1995, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. g. The designated representative of a 1 4 public school or accredited nonpublic school at which the 1 5 child is enrolled. The designated representative shall 1 6 disclose the information received under this paragraph only to 1 7 an authority or employee of the school who requires the 1 8 information to fulfill obligations to the student. 1 9 Sec. 2. Section 232.149, subsection 4, unnumbered 1 10 paragraph 1, Code 1995, is amended to read as follows: 1 11Such recordsRecords and files identified in subsection 2 1 12 may be inspected and their contents may be disclosed without a 1 13 court order to the following: 1 14 Sec. 3. Section 232.149, subsection 4, Code 1995, is 1 15 amended by adding the following new paragraph: 1 16 NEW PARAGRAPH. f. The designated representative of a 1 17 school or accredited nonpublic school at which the child is 1 18 enrolled. The designated representative shall disclose the 1 19 information received under this subsection only to an 1 20 authority or employee of the school who requires the 1 21 information to fulfill obligations to the student. 1 22 Sec. 4. NEW SECTION. 279.58 SCHOOL DRESS CODE POLICIES. 1 23 1. The general assembly finds and declares that the 1 24 students and the administrative and instructional staffs of 1 25 Iowa's public schools have the right to be safe and secure at 1 26 school. Gang-related apparel worn at school draws attention 1 27 away from the school's learning environment and directs it 1 28 toward thoughts or expressions of violence, bigotry, hate, and 1 29 abuse. 1 30 2. The board of directors of a school district may adopt, 1 31 for the district or for an individual school within the 1 32 district, a dress code policy that requires students to wear 1 33 specific attire or prohibits students from wearing gang- 1 34 related or other specific apparel if the board determines that 1 35 the policy is necessary for the health and safety of students 2 1 and staff in the school environment. Adoption and enforcement 2 2 of a dress code policy is not a violation of section 280.22. 2 3 3. If the policy requires that students wear a specific 2 4 attire, the specific attire selected shall be determined by 2 5 the principal, instructional staff, and parents and legal 2 6 guardians of students enrolled in the school district. A 2 7 dress code policy that requires students to wear specific 2 8 attire shall not be implemented with less than six months' 2 9 notice to parents and legal guardians. A school implementing 2 10 a dress code policy requiring specific attire shall make 2 11 resources available to assist economically disadvantaged 2 12 students in securing the specific attire. 2 13 4. The board shall provide a method by which parents and 2 14 legal guardians may choose not to have their children comply 2 15 with an adopted dress code policy that requires specific 2 16 attire. If a board chooses to adopt a policy pursuant to this 2 17 section, the policy shall include a provision that a student 2 18 shall not be penalized academically or otherwise discriminated 2 19 against or denied attendance to school if the student's parent 2 20 or legal guardian chooses not to have the student comply with 2 21 a school dress code policy that would require the student to 2 22 wear specific attire. A policy adopted pursuant to this 2 23 section shall not preclude students that participate in a 2 24 nationally recognized youth organization from wearing 2 25 organization uniforms on days that the organization has a 2 26 scheduled meeting. 2 27 Sec. 5. NEW SECTION. 280.21B EXPULSION &endash; WEAPONS IN 2 28 SCHOOL. 2 29 The board of directors of a school district and the 2 30 authorities in charge of a nonpublic school shall expel from 2 31 school for a period of not less than one year a student who is 2 32 determined to have brought a weapon to a school under the 2 33 jurisdiction of the board or the authorities. However, the 2 34 superintendent or chief administering officer of a school or 2 35 school district may modify expulsion requirements on a case- 3 1 by-case basis. This section shall not be construed to prevent 3 2 the board of directors of a school district or the authorities 3 3 in charge of a nonpublic school that have expelled a student 3 4 from the student's regular school setting from providing 3 5 educational services to the student in an alternative setting. 3 6 If both this section and section 282.4 apply, this section 3 7 takes precedence over section 282.4. For purposes of this 3 8 section, "weapon" means a firearm as defined in 18 U.S.C. } 3 9 921. This section shall be construed in a manner consistent 3 10 with the federal Individuals with Disabilities Education Act, 3 11 20 U.S.C. } 1400 et seq. 3 12 Sec. 6. Section 708.1, Code 1995, is amended by adding the 3 13 following new unnumbered paragraph: 3 14 NEW UNNUMBERED PARAGRAPH. Provided, that where the person 3 15 doing any of the above enumerated acts is employed by a school 3 16 district or accredited nonpublic school, or is an area 3 17 education agency staff member who provides services to a 3 18 school or school district, and intervenes in a fight or 3 19 physical struggle, or other disruptive situation, that takes 3 20 place in the presence of the employee or staff member 3 21 performing employment duties in a school building, on school 3 22 grounds, or at an official school function regardless of the 3 23 location, the act shall not be an assault, whether the fight 3 24 or physical struggle or other disruptive situation is between 3 25 students or other individuals if the degree and the force of 3 26 the intervention is reasonably necessary to restore order and 3 27 to protect the safety of those assembled. 3 28 Sec. 7. Section 808A.1, subsection 1, paragraph d, Code 3 29 1995, is amended to read as follows: 3 30 d. A school locker, desk, or other facility or space is- 3 31 sued or assigned to, or chosen by, the student for the storage 3 32 of personal belongings of any kind, which the student locks or 3 33 is permitted to lock. School officials may conduct periodic 3 34 inspections of all school lockers.However, the school3 35district shall provide notice to the students, at least4 1twenty-four hours prior to the inspection, of the date and4 2time of the inspection.4 3 Sec. 8. EFFECTIVE DATE. Section 5 of this Act, being 4 4 deemed of immediate importance, takes effect upon enactment. 4 5 EXPLANATION 4 6 The bill contains provisions related to expulsion of a 4 7 student who brings a weapon to school, giving access to 4 8 certain juvenile court records to a designated school 4 9 representative, school dress code policies, and provides an 4 10 exemption to the definition of assault. 4 11 The bill permits records and files of a criminal justice 4 12 agency concerning a child, and official juvenile court 4 13 records, except those alleging delinquency, to be disclosed to 4 14 a designated representative of a school or accredited 4 15 nonpublic school at which a child is enrolled. The designated 4 16 representative shall disclose the information received only to 4 17 an employee or authority of the school who requires the 4 18 information to fulfill obligations to the student. 4 19 The bill contains a declaration of legislative findings and 4 20 authorizes the board of directors of a school district to 4 21 adopt, for the entire district or for an individual school 4 22 within the district, a dress code policy that requires 4 23 students to wear specific attire or prohibits students from 4 24 wearing gang-related apparel if the board determines that the 4 25 policy is necessary for the health and safety of students and 4 26 staff in the school environment. If specific attire is 4 27 required, the specific attire would be selected by the 4 28 principal, staff, and parents and guardians of the school 4 29 district. Parents and legal guardians shall be given at least 4 30 six months' notice before a dress code policy requiring 4 31 specific attire can be implemented, and the school 4 32 implementing the policy shall have resources available to 4 33 assist economically disadvantaged students in securing 4 34 specific attire. 4 35 The bill requires the school district to provide a method 5 1 by which parents may choose not to have their children comply 5 2 with a policy that requires students to wear specific attire. 5 3 A student shall not be penalized academically or otherwise 5 4 discriminated against nor denied attendance to school if the 5 5 student's parents or legal guardians choose not to have the 5 6 student comply with a policy that requires specific attire. 5 7 The bill does not preclude students that participate in a 5 8 nationally recognized youth organization from wearing 5 9 organization uniforms on days that the organization has a 5 10 scheduled meeting. 5 11 The bill conforms Iowa law to federal law regarding the 5 12 expulsion of students who bring weapons to school. The 5 13 federal Gun-Free School Act of 1994 requires states receiving 5 14 federal funds under the Act to have in effect a law requiring 5 15 local educational agencies to expel from school for a period 5 16 of not less than one year a student who brings a weapon, as 5 17 defined under federal law, to school. The bill does not 5 18 prevent a school board or the authorities in charge of a 5 19 nonpublic school from providing educational services to the 5 20 expelled student in an alternative setting. This portion of 5 21 the bill takes effect upon enactment. 5 22 The bill also amends section 708.1, defining assault, and 5 23 adds a provision that a person shall not be convicted of 5 24 assault if the person is employed by a school district or ac- 5 25 credited nonpublic school, or is an area education agency 5 26 staff member who provides services to a school or school 5 27 district, and intervenes in a fight or physical struggle, or 5 28 other disruptive situation, that takes place in the presence 5 29 of the employee or staff member performing employment duties 5 30 in a school building, on school grounds, or at an official 5 31 school function regardless of the location, whether the fight 5 32 or physical struggle, or other disruptive situation is between 5 33 students or other individuals, if the degree and force of the 5 34 intervention is reasonably necessary to restore order and to 5 35 protect the safety of those assembled. 6 1 The bill eliminates the requirement that a school district 6 2 provide at least 24 hours' notice to students prior to 6 3 inspecting all school lockers. 6 4 LSB 2355HC 76 6 5 kh/jw/5
Text: HSB00229 Text: HSB00231 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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