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. NEW SECTION. 670B.1 LEGISLATIVE FINDINGS.
1 2 The general assembly finds that ensuring the quality of
1 3 elementary and secondary education is a compelling state
1 4 interest. The educational environment has become more violent
1 5 and in many instances teachers lack authority to maintain
1 6 safety and discipline in schools. The filing of meritless
1 7 lawsuits against the department of education, school
1 8 districts, school boards, area education agencies, teachers,
1 9 administrators, and other school employees interferes with
1 10 attempts to ensure that a quality education is received by all
1 11 students. Defending meritless lawsuits diverts financial and
1 12 personnel resources away from educational opportunities of
1 13 students. The general assembly finds that legislation to
1 14 deter meritless lawsuits is a rational and appropriate method
1 15 to address this compelling state interest.
1 16 Sec. 2. NEW SECTION. 670B.2 GENERAL CLAIMS EXEMPTED.
1 17 1. The department of education, school districts, school
1 18 boards, area education agencies, and employees of the
1 19 department, a school district, or an agency, are immune from
1 20 liability for any claim regarding the control, grading,
1 21 suspension, expulsion, or discipline of students while the
1 22 student is on school grounds or under the supervision of an
1 23 employee or agent of the school district or area education
1 24 agency.
1 25 2. The department of education, school districts, school
1 26 boards, area education agencies, and employees of the
1 27 department, school district, or agency are not immune from
1 28 liability if a violation of an express law, rule, or
1 29 regulation, or articulated policy of the department of
1 30 education, has occurred. The burden of proof shall be on the
1 31 plaintiff to prove by clear and convincing evidence that
1 32 liability exists.
1 33 Sec. 3. NEW SECTION. 670B.3 PUNITIVE DAMAGES.
1 34 The department of education, school districts, school
1 35 boards, area education agencies, and employees of the
2 1 department, a school district, or an agency are not liable for
2 2 punitive damages as a result of acts in the performance of a
2 3 duty, unless actual malice or willful, wanton, and reckless
2 4 misconduct is proven.
2 5 Sec. 4. NEW SECTION. 670B.4 FALSE REPORTS.
2 6 In addition to any criminal or juvenile proceeding, any
2 7 student who is at least seven years of age and who files a
2 8 false report or affidavit claiming an employee of the
2 9 department of education, a school district, or an area
2 10 education agency or a member of the school board, is involved
2 11 in the commission of a criminal offense, is subject to
2 12 expulsion, or suspension. The school board of the school
2 13 district where the student is enrolled shall determine the
2 14 appropriate sanction under this section.
2 15 EXPLANATION
2 16 This bill relates to limiting the liability of the
2 17 department of education, school districts, school boards, area
2 18 education agencies, or employees of the department, district,
2 19 or agency.
2 20 The bill provides that the department of education, school
2 21 districts, school boards, area education agencies, and
2 22 employees of the department, district, or agency are immune
2 23 from liability for any expulsion, suspension, grading, or
2 24 disciplining of a student, while the student is on school
2 25 grounds or under the supervision of the school district or
2 26 area education agency.
2 27 The bill also provides that the department of education,
2 28 school district, school board, area education agency, or
2 29 employees of the department, district, or agency are not
2 30 liable for punitive damages as a result of acts in performance
2 31 of a duty, unless actual malice or willful misconduct is
2 32 proven.
2 33 The bill provides that in addition to any criminal
2 34 penalties, any student who is at least seven years of age is
2 35 subject to expulsion, suspension, if the student files a false
3 1 report or affidavit claiming an employee of the department,
3 2 district, or area education agency or member of the school
3 3 board is involved in the commission of a criminal offense.
3 4 LSB 3031YC 79
3 5 jm/cls/14
Text: HSB00229 Text: HSB00231 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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