House File 604 S-3185 Amend House File 604, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 2C.9, Code 2023, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 2A. Investigate, on complaint, any 7 complaint received by an individual who holds a license, 8 certificate, authorization, or statement of recognition issued 9 by the board of educational examiners related to violence in 10 the classroom or violence on school property, including any 11 disclosure of information to which section 279.78 applies 12 related to violence in the classroom or violence on school 13 property. The ombudsman shall provide the results of the 14 investigation to the department of education and the board of 15 educational examiners. The ombudsman shall maintain secrecy in 16 respect to the identities of the complainants. 17 Sec. 2. Section 256.9, Code 2023, is amended by adding the 18 following new subsections: 19 NEW SUBSECTION . 66. Develop and distribute to school 20 districts a list of all professional development programs and 21 other training programs in which employees of school districts 22 are required to participate pursuant to federal law or state 23 law, including chapter 284. 24 NEW SUBSECTION . 67. Develop and distribute to school 25 districts and charter schools model policies that, if adopted 26 by a school district or charter school, would satisfy the 27 school district’s or charter school’s responsibilities under 28 section 279.79 relating to the discipline of a student for 29 making a threat of violence or causing an incident of violence 30 that results in injury or property damage or assault. 31 Sec. 3. Section 256E.7, subsection 2, Code 2023, is amended 32 by adding the following new paragraphs: 33 NEW PARAGRAPH . 0j. Be subject to and comply with the 34 requirements of section 279.78 relating to prohibiting 35 -1- HF 604.1757 (1) 90 jda/jh 1/ 5 #1.
retaliation against employees or contractors for disclosing 1 certain specified information in the same manner as a school 2 district. 3 NEW PARAGRAPH . 00j. Be subject to and comply with the 4 requirements of section 279.79 relating to the adoption of 5 policies related to the discipline of a student for making a 6 threat of violence or causing an incident of violence that 7 results in injury or property damage or assault in the same 8 manner as a school district. 9 NEW PARAGRAPH . 000j. Be subject to and comply with the 10 requirements of section 279.80 relating to student handbooks in 11 the same manner as a school district. 12 Sec. 4. Section 279.51A, subsection 4, Code 2023, is amended 13 to read as follows: 14 4. a. A classroom teacher employed by a school district 15 shall report any threat of violence or incident of violence 16 that results in injury or property damage or assault by a 17 student enrolled in the school to the principal or the lead 18 administrator of the school within twenty-four hours after the 19 threat of violence or incident of violence occurs, and the 20 classroom teacher may notify the parent or guardian of the 21 student who made the threat of violence or caused the incident 22 of violence, and the parent or guardian of the student to whom 23 the threat of violence was made or the incident of violence 24 occurred, of the threat of violence or incident of violence . 25 b. The principal or lead administrator of the school shall 26 notify the parent or guardian of the student enrolled in the 27 school who made the threat of violence or caused the incident 28 of violence that resulted in injury or property damage or 29 assault, and the parent or guardian of the student to whom 30 the threat of violence was made or the incident of violence 31 occurred, of the threat of violence or incident of violence 32 within twenty-four hours after the classroom teacher reports 33 the threat of violence or incident of violence to the principal 34 or lead administrator pursuant to paragraph “a” . 35 -2- HF 604.1757 (1) 90 jda/jh 2/ 5
Sec. 5. NEW SECTION . 279.77 Professional development —— 1 notification. 2 If a school district requires an employee to participate 3 in a particular professional development program, including 4 a program that is included on the list developed by the 5 department of education pursuant to section 256.9, subsection 6 66, the school district shall provide notice to the employee 7 indicating the section of the Code, or rules adopted by the 8 state board of education or the board of educational examiners, 9 the school district determines requires the employee to 10 participate in the professional development program. 11 Sec. 6. NEW SECTION . 279.78 Retaliation prohibition. 12 The board of directors of a school district shall not take 13 any disciplinary action against an employee or contractor of 14 the school district for disclosing information to any public 15 official or law enforcement agency, including a disclosure 16 to the ombudsman pursuant to section 2C.9, subsection 2A, if 17 the employee or contractor reasonably believes the information 18 evidences a violation of law or rule, mismanagement, a gross 19 abuse of funds, an abuse of authority, or a substantial and 20 specific danger to public health or safety. For purposes of 21 this section, “disciplinary action” includes termination of 22 employment or the contractual relationship, suspension from 23 employment, demotion, financial penalties, failing to take 24 action regarding an employee’s or contractor’s promotion 25 or proposed promotion, failing to provide an advantage in 26 employment or the contractual relationship, and written or 27 verbal reprimands. 28 Sec. 7. NEW SECTION . 279.79 Discipline of students who make 29 threats of violence or cause incidents of violence. 30 The board of directors of each school district shall adopt, 31 in collaboration with teachers and administrative staff 32 employed by the school district, policies for different grade 33 levels that describe how a school district may discipline a 34 student for making a threat of violence or causing an incident 35 -3- HF 604.1757 (1) 90 jda/jh 3/ 5
of violence that results in injury or property damage or 1 assault. All of the following shall apply to the policies: 2 1. The policies must incorporate strategies that are 3 designed to correct the student’s behavior. 4 2. The policies must provide for parental conferences and 5 mental health counseling sessions, when appropriate. The 6 policies must provide that the school district must receive 7 the prior written consent of the student’s parent or guardian 8 before requiring the student to participate in a mental health 9 counseling session. 10 3. The policies must be consistent with the provisions of 11 chapter 256B, the administrative rules adopted by the state 12 board for purposes of chapter 256B, the federal Individuals 13 with Disabilities Education Act, 20 U.S.C. §1400 et seq., and 14 the federal Rehabilitation Act of 1973, as amended and codified 15 in 29 U.S.C. §701 et seq. 16 4. The policies must provide for escalating levels of 17 discipline each time the student makes a threat of violence 18 or causes an incident of violence that results in injury or 19 property damage or assault. 20 5. The policies must allow for the school district to select 21 the level of discipline that the school district determines 22 corresponds to the severity of the threat of violence or 23 incident of violence. 24 6. The policies must allow the school district to 25 suspend the student, permanently remove the student from a 26 particular class, expel the student, or place the student in 27 an alternative learning environment, including a therapeutic 28 classroom, when appropriate. 29 7. The policies must require an individualized education 30 program meeting if the student who made the threat of violence 31 or caused the incident of violence that resulted in injury or 32 property damage or assault has an individualized education 33 program. 34 8. The policies must be published on the school district’s 35 -4- HF 604.1757 (1) 90 jda/jh 4/ 5
internet site and in applicable student handbooks. 1 Sec. 8. NEW SECTION . 279.80 Student handbooks. 2 1. Annually, on or before the beginning of the school 3 calendar, the board of directors of each school district shall 4 publish one or more student handbooks and provide to the parent 5 or guardian of each student enrolled in the school district a 6 printed or electronic copy of a student handbook that includes 7 basic information related to the expectations of students in 8 the grade level or attendance center to which the student 9 handbook applies, including information related to academics, 10 attendance, discipline, health and safety, and daily schedules. 11 2. The board of directors of each school district shall 12 require that the parent or guardian of each student enrolled 13 in the school district acknowledge receipt of the applicable 14 student handbook, either in writing or electronically. 15 Sec. 9. Section 280.21, Code 2023, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 5. A public school district or area 18 education agency shall provide to all teachers employed by the 19 public school district or area education agency a copy of this 20 section with the initial employment contract and with each 21 notice of renewal of the employment contract. > 22 2. Title page, by striking lines 5 through 8 and inserting 23 < and modifying the responsibilities of the department of 24 education, school districts, and charter schools. > 25 ______________________________ LYNN EVANS -5- HF 604.1757 (1) 90 jda/jh 5/ 5 #2.