H-1152

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

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WHEELER of Sioux