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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