House File 604 H-1152 Amend House File 604 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 2C.9, Code 2023, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 2A. Investigate, on complaint, any 6 complaint received by an individual who holds a license, 7 certificate, authorization, or statement of recognition issued 8 by the board of educational examiners related to violence in 9 the classroom or violence on school property, including any 10 disclosure of information to which section 280.34 applies 11 related to violence in the classroom or violence on school 12 property. The ombudsman shall provide the results of the 13 investigation to the department of education and the board of 14 educational examiners. The ombudsman shall maintain secrecy in 15 respect to the identities of the complainants. 16 Sec. 2. Section 256.9, Code 2023, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 66. Develop and distribute to school 19 districts a list of all professional development programs and 20 other training programs in which employees of school districts 21 are required to participate pursuant to federal law or state 22 law, including chapter 284. For purposes of this subsection, 23 “professional development program” means the same as defined in 24 section 272.1. 25 Sec. 3. Section 256E.7, subsection 2, Code 2023, is amended 26 by adding the following new paragraphs: 27 NEW PARAGRAPH . 0j. Be subject to and comply with the 28 requirements of section 279.78 relating to notifications to 29 the parents or guardians of a student in the event a classroom 30 teacher witnesses the student suffer a bodily injury in the 31 same manner as a school district. 32 NEW PARAGRAPH . 00j. Be subject to and comply with the 33 requirements of section 279.79 relating to prohibiting 34 retaliation against employees or contractors for disclosing 35 -1- HF 604.1293 (3) 90 jda/rh 1/ 5 #1.
certain specified information in the same manner as a school 1 district. 2 NEW PARAGRAPH . 000j. Be subject to and comply with the 3 requirements of section 279.80 relating to the removal of 4 disruptive students from the classroom in the same manner as 5 a school district. 6 Sec. 4. Section 279.51A, subsection 4, Code 2023, is amended 7 to read as follows: 8 4. A classroom teacher employed by a school district shall 9 report any incident of violence that results in injury or 10 property damage or assault by a student enrolled in the school 11 to the principal of the school within twenty-four hours after 12 the incident of violence occurs . The principal of the school 13 shall notify the parent or guardian of a student enrolled in 14 the school who was injured or assaulted in an incident of 15 violence within twenty-four hours after the classroom teacher 16 reports the incident of violence to the principal. 17 Sec. 5. NEW SECTION . 279.77 Professional development —— 18 notification. 19 If a school district requires an employee to participate 20 in a particular professional development program, including 21 a program that is included on the list developed by the 22 department of education pursuant to section 256.9, subsection 23 66, the school district shall provide notice to the employee 24 indicating the section of the Code, or rules adopted by the 25 state board of education or the board of educational examiners, 26 the school district determines requires the employee to 27 participate in the professional development program. For 28 purposes of this section, “professional development program” 29 means the same as defined in section 272.1. 30 Sec. 6. NEW SECTION . 279.78 Notice to parents or guardians 31 related to student injuries. 32 A teacher employed by a school district may notify the parent 33 or guardian of a student enrolled in the school district by 34 telephonic means if the teacher witnesses the student suffer a 35 -2- HF 604.1293 (3) 90 jda/rh 2/ 5
bodily injury. 1 Sec. 7. NEW SECTION . 279.79 Retaliation prohibition. 2 The board of directors of a school district shall not take 3 any disciplinary action against an employee or contractor of 4 the school district for disclosing information to any public 5 official or law enforcement agency, including a disclosure 6 to the ombudsman pursuant to section 2C.9, subsection 2A, if 7 the employee or contractor reasonably believes the information 8 evidences a violation of law or rule, mismanagement, a gross 9 abuse of funds, an abuse of authority, or a substantial and 10 specific danger to public health or safety. For purposes of 11 this section, “disciplinary action” includes termination of 12 employment or the contractual relationship, suspension from 13 employment, demotion, financial penalties, failing to take 14 action regarding an employee’s or contractor’s promotion 15 or proposed promotion, failing to provide an advantage in 16 employment or the contractual relationship, and written or 17 verbal reprimands. 18 Sec. 8. NEW SECTION . 279.80 Removal of disruptive students 19 from the classroom. 20 1. As used in this section: 21 a. “Administrator” means the same as defined in section 22 272.1. 23 b. “School resource officer” means the same as defined in 24 34 U.S.C. §10389. 25 c. “Teacher” means the same as defined in section 272.1. 26 d. “Therapeutic classroom” means the same as defined in 27 section 256.25, subsection 7. 28 2. The board of directors of each public school district 29 shall adopt a policy, consistent with section 279.51A, that 30 describes when a teacher may remove a disruptive student from 31 the classroom. The policy shall require the school district 32 to consider placing a disruptive student in an alternative 33 learning environment. The policy shall provide for escalating 34 levels of discipline each time a disruptive student is removed 35 -3- HF 604.1293 (3) 90 jda/rh 3/ 5
from the classroom. The policy shall include all of the 1 following: 2 a. A teacher employed by a school district may remove a 3 disruptive student from the classroom under the supervision of 4 a school resource officer or an administrator located in the 5 attendance center. 6 b. (1) The first time a teacher removes a disruptive 7 student from the classroom pursuant to paragraph “a” in a 8 semester, or the trimester or quarter equivalent, the school 9 district shall do all of the following: 10 (a) Facilitate a counseling session between the student 11 and a school counselor licensed by the board of educational 12 examiners under chapter 256. 13 (b) Place the student in one day of in-school suspension 14 after the counseling session described in subparagraph division 15 (a) takes place. 16 (2) The second time a teacher removes a disruptive student 17 from the classroom pursuant to paragraph “a” in a semester, or 18 the trimester or quarter equivalent, the school district shall 19 do all of the following: 20 (a) Facilitate a counseling session between the student 21 and a school counselor licensed by the board of educational 22 examiners under chapter 256. 23 (b) Place the student in five consecutive school days of 24 in-school suspension after the counseling session described in 25 subparagraph division (a) takes place. 26 (3) The third time a teacher removes a disruptive student 27 from the classroom pursuant to paragraph “a” in a school year, 28 the school district may permanently remove the student from the 29 teacher’s class, and the school district shall consider placing 30 the student in an alternative learning environment, including a 31 therapeutic classroom. 32 Sec. 9. Section 280.21, Code 2023, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 5. A public school district, accredited 35 -4- HF 604.1293 (3) 90 jda/rh 4/ 5
nonpublic school, or area education agency shall provide to all 1 teachers employed by the public school district, accredited 2 nonpublic school, or area education agency a copy of this 3 section with the initial employment contract and with each 4 notice of renewal of the employment contract. > 5 2. Title page, lines 7 and 8, by striking < districts, 6 accredited nonpublic schools, > and inserting < districts > 7 ______________________________ WHEELER of Sioux -5- HF 604.1293 (3) 90 jda/rh 5/ 5 #2.