Text: S03358                            Text: S03360
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 3359

Amendment Text

PAG LIN
  1  1    Amend House File 288, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  By striking page 1, line 28, through page 2,
  1  4 line 19.
  1  5    #2.  Page 2, by inserting after line 24 the
  1  6 following:
  1  7    "Sec. 201.  Section 275.55A, Code 1995, is amended
  1  8 to read as follows:
  1  9    275.55A  ATTENDANCE IN OTHER DISTRICT.
  1 10    A pupil student enrolled in ninth, tenth, or
  1 11 eleventh grade during the school year preceding the
  1 12 effective date of a dissolution proposal, who was a
  1 13 resident of the school district that dissolved, may
  1 14 enroll in any a school district to which territory of
  1 15 the school district that dissolved was attached until
  1 16 that pupil's the student's graduation from high
  1 17 school, unless the student was expelled or suspended
  1 18 from school and the conditions of expulsion or
  1 19 suspension have not been met.  The student under
  1 20 expulsion or suspension shall not be enrolled until
  1 21 the board of directors of the school district to which
  1 22 territory of the dissolved school district was
  1 23 attached approves, by majority vote, the enrollment of
  1 24 the student.  Notwithstanding section 282.24, the
  1 25 district of residence of the pupil student, determined
  1 26 in the dissolution proposal, shall pay tuition to the
  1 27 school district selected by the pupil student in an
  1 28 amount not to exceed the district cost per pupil of
  1 29 the district of residence and the school district
  1 30 selected by the pupil student shall accept that
  1 31 tuition payment and enroll the pupil student."
  1 32    #3.  Page 2, line 35, through page 3, line 1, by
  1 33 striking the words "requires students to wear specific
  1 34 attire or".
  1 35    #4.  Page 3, line 5, by striking the words
  1 36 "Adoption and".
  1 37    #5.  By striking page 3, line 6, through page 4,
  1 38 line 3.
  1 39    #6.  Page 4, by inserting after line 24 the
  1 40 following:
  1 41    "Sec. 202.  Section 282.4, Code 1995, is amended to
  1 42 read as follows:
  1 43    282.4  SUSPENSION &endash; EXPULSION &endash; DISMISSAL.
  1 44    1.  The board may, by a majority vote, expel any
  1 45 pupil student from school for a violation of the
  1 46 regulations or rules established by the board, or when
  1 47 the presence of the pupil student is detrimental to
  1 48 the best interests of the school.  The board may
  1 49 confer upon any teacher, principal, or superintendent
  1 50 the power temporarily to dismiss suspend a pupil
  2  1 student, notice of such dismissal the suspension being
  2  2 at once given in writing to the president of the
  2  3 board.
  2  4    2.  A pupil student who commits an assault, as
  2  5 defined under section 708.1, against a school employee
  2  6 in a school building, on school grounds, or at a
  2  7 school-sponsored function shall be suspended for a
  2  8 time to be determined by the principal.  Notice of the
  2  9 suspension shall be immediately sent to the president
  2 10 of the board.  By special meeting or at the next
  2 11 regularly scheduled board meeting, the board shall
  2 12 review the suspension and decide whether to hold a
  2 13 disciplinary hearing to determine whether or not to
  2 14 order further sanctions against the pupil student,
  2 15 which may include expelling the pupil student.  In
  2 16 making its decision, the board shall consider the best
  2 17 interests of the school district, which shall include
  2 18 what is best to protect and ensure the safety of the
  2 19 school employees and pupils students from the pupil
  2 20 student committing the assault.
  2 21    A pupil student shall not be suspended or expelled
  2 22 pursuant to this section if the suspension or
  2 23 expulsion would violate the federal Individuals with
  2 24 Disabilities Education Act.
  2 25    3.  Notwithstanding section 282.6, if a student has
  2 26 been expelled or suspended from school and has not met
  2 27 the conditions of the expulsion or suspension and if
  2 28 the student, or the parent or guardian of the student,
  2 29 changes district of residence, the student shall not
  2 30 be enrolled in the new district of residence until the
  2 31 board of directors of the new district of residence
  2 32 approves, by a majority vote, the enrollment of the
  2 33 student.
  2 34    Sec. 203.  Section 282.5, Code 1995, is amended to
  2 35 read as follows:
  2 36    282.5  READMISSION OF STUDENT.
  2 37    When a student is dismissed suspended by a teacher,
  2 38 principal, or superintendent, pursuant to section
  2 39 282.4, the student may be readmitted by the teacher,
  2 40 principal, or superintendent, but when expelled by the
  2 41 board the student may be readmitted only by the board
  2 42 or in the manner prescribed by the board."
  2 43    #7.  Page 5, by striking lines 6 through 16 and
  2 44 inserting the following:
  2 45    "Sec.    .  Section 808A.1, subsection 1, paragraph
  2 46 d, Code 1995, is amended to read as follows:
  2 47    d.  A school locker, desk, or other facility or
  2 48 space issued or assigned to, or chosen by, the student
  2 49 for the storage of personal belongings of any kind,
  2 50 which the student locks or is permitted to lock.
  3  1 School officials may conduct periodic inspections of
  3  2 all school lockers.  However, the school district
  3  3 shall provide notice to the students, at least twenty-
  3  4 four hours prior to the inspection, of the date and
  3  5 time of the inspection.
  3  6    Sec.    .  Section 808A.2, subsection 1, Code 1995,
  3  7 is amended to read as follows:
  3  8    1.  A school official may conduct a search of a
  3  9 student or a protected student area only if all of the
  3 10 following apply in either of the following situations:
  3 11    a.  The school official has a reasonable and
  3 12 articulable suspicion that a criminal offense or a
  3 13 school rule or regulation bearing on school order has
  3 14 been violated A school official may search a student
  3 15 or a protected student area if the official has
  3 16 reasonable grounds for suspecting that the search will
  3 17 produce evidence that a student has violated or is
  3 18 violating a law or a school rule or regulation.
  3 19    b.  The school official has a reasonable and
  3 20 articulable belief that the search will produce
  3 21 evidence of such violation A school official may
  3 22 search more than one student or protected student area
  3 23 pursuant to a student search rule.  A rule allowing
  3 24 searches of more than one student or protected student
  3 25 areas must be reasonable based on balancing the need
  3 26 for the search against the intrusion into a protected
  3 27 student area.  A search conducted pursuant to this
  3 28 paragraph may include a search of all school lockers,
  3 29 however, all searches conducted pursuant to this
  3 30 paragraph shall be conducted in a manner reasonably
  3 31 related to the circumstances which justified the
  3 32 search.
  3 33    c.  If the search is of an individual student, the
  3 34 suspicion and belief required by paragraphs "a" and
  3 35 "b" is particular to the student to be searched.
  3 36    d.  If the search is of more than one student or of
  3 37 a protected student area, the search must be based
  3 38 upon and pursuant to a valid and reasonable student
  3 39 search rule."
  3 40    #8.  Page 5, line 17, by striking the word and
  3 41 figure "Section 7" and inserting the following:
  3 42 "Sections 201, 7, 202, and 203".
  3 43    #9.  Page 5, line 18, by striking the word "takes"
  3 44 and inserting the following:  "take".
  3 45    #10.  Title page, line 5, by striking the words
  3 46 "eliminating the".
  3 47    #11.  Title page, by striking lines 6 through 8 and
  3 48 inserting the following:  "the grounds upon which a
  3 49 school official may search student lockers or
  3 50 protected student areas, the enrollment of a suspended
  4  1 or expelled student who changes district of residence,
  4  2 access to juvenile court records, and providing".
  4  3    #12.  By renumbering and correcting internal
  4  4 references as necessary.  
  4  5 
  4  6 
  4  7                              
  4  8 COMMITTEE ON EDUCATION
  4  9 MIKE CONNOLLY, Chairperson
  4 10 HF 288.506 76
  4 11 kh/jw
     

Text: S03358                            Text: S03360
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Iowa General Assembly

Search: Senate Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? webmaster@legis.iowa.gov.

Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/S/03300/S03359/950405.html
jhf