Text: HF02268 Text: HF02270 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2269
1 2
1 3 AN ACT
1 4 RELATING TO PERMISSIBLE PHYSICAL CONTACT INVOLVING STUDENTS.
1 5
1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 7
1 8 Section 1. Section 280.21, Code 1997, is amended to read
1 9 as follows:
1 10 280.21 CORPORAL PUNISHMENT – BURDEN OF PROOF.
1 11 1. An employee of an accredited public school district,
1 12 accredited nonpublic school, or area education agency shall
1 13 not inflict, or cause to be inflicted, corporal punishment
1 14 upon a student. For purposes of this section, "corporal
1 15 punishment" means the intentional physical punishment of a
1 16 student. An employee's physical contact with the body of a
1 17 student shall not be considered corporal punishment if it is
1 18 reasonable and necessary under the circumstances and is not
1 19 designed or intended to cause pain or if the employee uses
1 20 reasonable force, as defined under section 704.1, for the
1 21 protection of the employee, the student, or other students; to
1 22 obtain the possession of a weapon or other dangerous object
1 23 within a student's control; or for the protection of property.
1 24 The department of education shall adopt rules to implement
1 25 this section.
1 26 2. A school employee who, in the reasonable course of the
1 27 employee's employment responsibilities, comes into physical
1 28 contact with a student shall be granted immunity from any
1 29 civil or criminal liability which might otherwise be incurred
1 30 or imposed as a result of such physical contact, if the
1 31 physical contact is reasonable under the circumstances and
1 32 involves the following:
1 33 a. Encouraging, supporting, or disciplining the student.
1 34 b. Protecting the employee, the student, or other
1 35 students.
2 1 c. Obtaining possession of a weapon or other dangerous
2 2 object within a student's control.
2 3 d. Protecting employee, student, or school property.
2 4 e. Quelling a disturbance or preventing an act threatening
2 5 physical harm to any person.
2 6 f. Removing a disruptive student from class or any area of
2 7 the school premises, or from school-sponsored activities off
2 8 school premises.
2 9 g. Preventing a student from the self-infliction of harm.
2 10 h. Self-defense.
2 11 i. Any other legitimate educational activity.
2 12 3. To prevail in a civil action alleging a violation of
2 13 this section the party bringing the action shall prove the
2 14 violation by clear and convincing evidence. Any school
2 15 employee determined in a civil action to have been wrongfully
2 16 accused under this section shall be awarded reasonable
2 17 monetary damages, in light of the circumstances involved,
2 18 against the party bringing the action.
2 19 Sec. 2. NEW SECTION. 280.26 INTERVENTION IN
2 20 ALTERCATIONS.
2 21 1. An employee of an accredited public school district,
2 22 accredited nonpublic school, or area education agency may
2 23 intervene in a fight or physical struggle occurring among
2 24 students or between students and nonstudents that takes place
2 25 in the presence of the school employee in a school building,
2 26 on school premises, or at any school function or school-
2 27 sponsored activity regardless of its location. The degree and
2 28 force of the intervention may be as reasonably necessary, in
2 29 the opinion of the school employee, to restore order and
2 30 protect the safety of the individuals involved in the
2 31 altercation and others in the vicinity of the altercation.
2 32 2. A person who is not an employee of an accredited public
2 33 school district, accredited nonpublic school, or area
2 34 education agency may intervene in a fight or physical struggle
2 35 occurring among students, or between students and nonstudents,
3 1 that takes place in the presence of the nonemployee in a
3 2 school building, on school premises, or at any school function
3 3 or school-sponsored activity regardless of its location. The
3 4 intervention may occur in the absence of an employee of an
3 5 accredited public school district, accredited nonpublic
3 6 school, or area education agency, or at the request of such an
3 7 employee, utilizing the degree and force of intervention
3 8 reasonably necessary to restore order and protect the safety
3 9 of the individuals involved in the altercation and others in
3 10 the vicinity of the altercation. However, a person who
3 11 intervenes in the absence of an employee of an accredited
3 12 public school district, accredited nonpublic school, or area
3 13 education agency shall report the intervention and all
3 14 relevant information regarding the situation as soon as
3 15 reasonably possible to such an employee.
3 16 3. An employee of an accredited public school district,
3 17 accredited nonpublic school, or area education agency who
3 18 intervenes in a fight or physical struggle pursuant to
3 19 subsection 1 shall be awarded reasonable monetary damages
3 20 against a party bringing a civil action alleging a violation
3 21 of this section, if it is determined in the action that the
3 22 employee has been wrongfully accused. A nonemployee of an
3 23 accredited public school district, accredited nonpublic
3 24 school, or area education agency who intervenes in a fight or
3 25 physical struggle pursuant to subsection 2 shall be limited to
3 26 the recovery of reasonable attorney fees and court costs, if
3 27 it is determined in a civil action alleging a violation of
3 28 this section that the nonemployee has been wrongfully accused.
3 29
3 30
3 31 RON J. CORBETT
3 32 Speaker of the House
3 33
3 34
3 35
4 1 MARY E. KRAMER
4 2 President of the Senate
4 3
4 4 I hereby certify that this bill originated in the House and
4 5 is known as House File 2269, Seventy-seventh General Assembly.
4 6
4 7
4 8
4 9 ELIZABETH ISAACSON
4 10 Chief Clerk of the House
4 11 Approved , 1998
4 12
4 13
4 14
4 15 TERRY E. BRANSTAD
4 16 Governor
Text: HF02268 Text: HF02270 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
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