House File 2538 H-8173 Amend the amendment, H-8097, to House File 2538, as follows: 1 1. By striking page 1, line 1, through page 3, line 13, and 2 inserting: 3 < Amend House File 2538 as follows: 4 1. By striking everything after the enacting clause and 5 inserting: 6 < Section 1. Section 256.9, Code 2026, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 80. Develop and distribute to school 9 districts a training program and training materials for members 10 of a student’s individualized education program team that is 11 related to the least restrictive environment requirements under 12 the federal Individuals with Disabilities Education Act, 20 13 U.S.C. §1400 et seq. 14 Sec. 2. Section 256.11, subsection 10, unnumbered paragraph 15 1, Code 2026, is amended to read as follows: 16 The state board shall establish, and the department 17 shall use, for the school year commencing July 1, 2021, and 18 each succeeding school year, an accreditation, monitoring, 19 and enforcement process for school districts and nonpublic 20 schools seeking accreditation pursuant to this subsection and 21 subsections 11 and 12 . In applying and taking monitoring and 22 enforcement action under this subsection and subsections 11 and 23 12, the department shall consider the timeliness and accuracy 24 of the information a school district or nonpublic school 25 provides to the department, including potential underreporting 26 or late reporting of data related to school discipline and 27 school safety necessary to monitor and implement the provisions 28 of chapter 280. The process established shall include all of 29 the following requirements: 30 Sec. 3. Section 256E.7, subsection 2, Code 2026, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . 0n. Be subject to and comply with the 33 requirements of section 279.65B relating to the discipline of 34 students who exhibit disorderly conduct in the classroom in the 35 -1- H 8097.3274 (3) 91 jda/jh 1/ 12 #1.

same manner as a school district. 1 Sec. 4. Section 256F.4, subsection 2, Code 2026, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . v. Be subject to and comply with the 4 requirements of section 279.65B relating to the discipline of 5 students who exhibit disorderly conduct in the classroom in the 6 same manner as a school district. 7 Sec. 5. Section 279.65A, subsection 3, Code 2026, is amended 8 to read as follows: 9 3. The policies must be consistent with the all of the 10 following: 11 a. The provisions of chapter 256B , and the administrative 12 rules adopted by the state board for purposes of chapter 256B , 13 the . 14 b. The federal Individuals with Disabilities Education Act, 15 20 U.S.C. §1400 et seq. , and the 16 c. The federal Rehabilitation Act of 1973, as amended and 17 codified in 29 U.S.C. §701 et seq. 18 d. Section 279.65B. 19 Sec. 6. NEW SECTION . 279.65B Discipline of students for 20 disorderly conduct. 21 1. As used in this section: 22 a. “Disorderly conduct” means intentional conduct to which 23 any of the following applies: 24 (1) Constitutes violent behavior or a threat of violent 25 behavior. 26 (2) Disrupts, disturbs, or interferes with any services 27 provided by the school district. 28 (3) Disturbs the peace, order, or discipline within the 29 classroom. 30 b. “Principal” means the same as defined in section 256.145. 31 “Principal” includes all of the following: 32 (1) An assistant principal. 33 (2) A vice principal. 34 (3) An administrator who is responsible for the day-to-day 35 -2- H 8097.3274 (3) 91 jda/jh 2/ 12

operations of an attendance center. 1 c. “Teacher” means the same as defined in section 256.145. 2 2. a. A teacher may exclude from the teacher’s classroom 3 and place under the supervision of the principal any student 4 who does any of the following while in the teacher’s classroom: 5 (1) Engages in disorderly conduct. 6 (2) Threatens, abuses, intimidates, or attempts to 7 intimidate another student or any school employee. 8 (3) Uses abusive or profane language. 9 b. (1) A student who is enrolled in kindergarten through 10 grade five, and who was excluded from a teacher’s classroom 11 pursuant to paragraph “a” , shall not be readmitted to the 12 teacher’s classroom until after the principal and teacher meet 13 to discuss the readmission of the student. 14 (2) A student who is enrolled in grades six through twelve, 15 and who was excluded from a teacher’s classroom pursuant 16 to paragraph “a” , shall not be readmitted to the teacher’s 17 classroom until after the principal and teacher meet to discuss 18 the readmission of the student. Such student shall not be 19 readmitted to the teacher’s classroom until, at the earliest, 20 the immediately subsequent school day. 21 3. a. If the principal determines that disciplinary 22 action should be taken against a student who was excluded 23 from a teacher’s classroom pursuant to subsection 2, then the 24 principal shall do all of the following: 25 (1) Take such disciplinary action. 26 (2) Provide written and, if possible, electronic notice of 27 such disciplinary action to the student’s parent or guardian. 28 b. (1) If a student was excluded from a teacher’s classroom 29 for the remainder of a school day pursuant to subsection 2 30 two or more times in a semester, or the trimester or quarter 31 equivalent, then the principal shall discipline the student by 32 doing any of the following: 33 (a) Assigning the student to either in-school or 34 out-of-school suspension. 35 -3- H 8097.3274 (3) 91 jda/jh 3/ 12

(b) Recommending to the superintendent that the student be 1 located in an alternative learning environment that has been 2 approved by the superintendent. 3 (2) If a student was excluded from a teacher’s classroom 4 pursuant to subsection 2 because the student’s conduct, 5 statements, or other actions were severe or pervasive, and, 6 if requested by the teacher, then the principal shall impose 7 the maximum amount of punishment applicable to such conduct, 8 statements, or other actions as provided in policies adopted 9 by the board of directors of the school district, including 10 placing the student in an alternative learning environment that 11 has been approved by the superintendent. 12 4. a. The board of directors of a school district shall 13 require each attendance center within the school district 14 to create an oversight review committee that is responsible 15 for developing a policy, consistent with this section, that 16 establishes when a student who has been excluded from the 17 classroom pursuant to subsection 2 may be readmitted to the 18 classroom. 19 b. The oversight review committee must consist of all of the 20 following members: 21 (1) Two teachers who work in the attendance center and who 22 must be selected by the teachers of the attendance center. 23 (2) One professional staff member who works in the 24 attendance center and who must be selected by the principal of 25 the attendance center. 26 5. If a student who has an individualized education program 27 was excluded from a teacher’s classroom pursuant to subsection 28 2, then all of the following shall apply: 29 a. (1) All of the following individuals shall, if 30 practicable, participate in the meeting of the student’s 31 individualized education program team that takes place 32 immediately subsequent to the student’s exclusion from the 33 classroom: 34 (a) The teacher who excluded the student from the classroom 35 -4- H 8097.3274 (3) 91 jda/jh 4/ 12

pursuant to subsection 2. 1 (b) Any teacher who is not described in subparagraph 2 division (a) and who provides classroom instruction to the 3 student. 4 (c) Any other employee of the school district who does not 5 hold a license issued by the board of educational examiners, 6 including para-educators and bus drivers, and who was directly 7 involved in the student’s conduct, statements, or other actions 8 that led to the student’s exclusion from the classroom. 9 (2) If a teacher or other employee is not able to 10 participate in the meeting of the student’s individualized 11 education program team that takes place immediately subsequent 12 to the student’s exclusion from the classroom, as required 13 under subparagraph (1), then the teacher or other employee 14 shall review the minutes or summary of the meeting prepared by 15 the individualized education program team pursuant to paragraph 16 “b” , subparagraph (2), and shall provide written notice to the 17 student’s individualized education program team indicating that 18 the teacher or other employee has read the minutes or summary. 19 b. (1) In the meeting of the student’s individualized 20 education program team that takes place immediately subsequent 21 to the student’s exclusion from the classroom, the student’s 22 individualized education program team shall discuss all of the 23 following: 24 (a) The appropriateness of the student’s current 25 educational programming. 26 (b) Whether adjustments need to be made to the student’s 27 individualized education program to address the student’s 28 behaviors. 29 (c) Whether the student’s current placement or an 30 alternative learning environment would best provide the student 31 with a free appropriate public education. 32 (d) The accommodations, modifications, and adaptations that 33 are required to allow the student to be successful in a general 34 education setting, what supports are needed to assist the 35 -5- H 8097.3274 (3) 91 jda/jh 5/ 12

teacher and other school district employees in providing those 1 accommodations, modifications, and adaptations, and whether it 2 is possible for the school district to provide those supports, 3 accommodations, modifications, and adaptations. 4 (e) Whether and to what extent the provision of special 5 education services and activities in the general education 6 environment will impact the student and the other students in 7 the classroom. 8 (2) If a teacher or other employee is not able to 9 participate in the meeting of the student’s individualized 10 education program team that takes place immediately subsequent 11 to the student’s exclusion from the classroom, as required 12 under paragraph “a” , subparagraph (1), then the student’s 13 individualized education program team shall prepare minutes or 14 a summary of the meeting and provide the minutes or summary to 15 the teacher or other employee. 16 c. If the student was excluded from the classroom five or 17 more times within any fifteen-consecutive-school-day period, 18 then the student’s individualized education program team shall 19 meet to discuss the student’s behavior. 20 6. a. A teacher may appeal all of the following to the 21 board of directors of the school district: 22 (1) A principal’s refusal to allow the teacher to exclude a 23 student from the teacher’s classroom pursuant to subsection 2, 24 paragraph “a” . 25 (2) A principal’s readmission of a student to the teacher’s 26 classroom prior to the time such student should have been 27 readmitted pursuant to subsection 2, paragraph “b” . 28 b. The board of directors of a school district shall not 29 take any disciplinary action against a teacher for exercising 30 the teacher’s appeal rights described in paragraph “a” . For 31 purposes of this paragraph, “disciplinary action” includes 32 termination of employment or the contractual relationship, 33 suspension from employment, demotion, financial penalties, 34 failing to take action regarding a teacher’s promotion 35 -6- H 8097.3274 (3) 91 jda/jh 6/ 12

or proposed promotion, failing to provide an advantage in 1 employment or the contractual relationship, and written or 2 verbal reprimands. 3 c. All of the following shall apply if the board of 4 directors of a school district violates paragraph “b” : 5 (1) The teacher may enforce the teacher’s rights under this 6 section through a civil action. 7 (2) The board of directors of the school district is liable 8 to the aggrieved teacher for affirmative relief including 9 reinstatement, with or without back pay, civil damages in an 10 amount not to exceed three times the annual wages and benefits 11 received by the aggrieved teacher prior to the violation of 12 paragraph “b” , and any other equitable relief the court deems 13 appropriate, including attorney fees and costs. 14 (3) When the board of directors of a school district 15 commits, is committing, or proposes to commit an act in 16 violation of paragraph “b” , an injunction may be granted through 17 an action in district court to prohibit the board of directors 18 of the school district from continuing such acts. The action 19 for injunctive relief may be brought by an aggrieved teacher, 20 the county attorney, or the person providing human resource 21 management for the board of directors of the school district. 22 7. The board of directors of a school district shall 23 immediately grant a teacher a leave of absence for physical and 24 mental recovery with full pay for not more than five days if 25 the teacher is injured due to a student’s disorderly conduct; 26 provided, however, that the board of directors of a school 27 district may grant a teacher such a leave of absence for six 28 or more days if the teacher provides to the board of directors 29 of the school district a note from a physician indicating that 30 such a leave of absence is needed. 31 8. Each principal shall carry out the principal’s 32 responsibilities under this section in an expeditious manner, 33 and shall do all of the following in an expeditious manner: 34 a. Carry out all manifestation determination review 35 -7- H 8097.3274 (3) 91 jda/jh 7/ 12

meetings, as required under section 504 of the federal 1 Rehabilitation Act, 29 U.S.C. §794. 2 b. Impose the appropriate amount of punishment in accordance 3 with policies adopted by the board of directors of the school 4 district and federal law. 5 c. Perform functional behavior assessments as needed. 6 d. Adjust behavioral intervention plans as needed. 7 9. This section shall not be construed to do any of the 8 following: 9 a. Infringe on any right provided to any student under 10 federal law, including but not limited to all of the following: 11 (1) Section 504 of the federal Rehabilitation Act, 29 U.S.C. 12 §794. 13 (2) The federal Individuals with Disabilities Education 14 Act, 20 U.S.C. §1400 et seq. 15 (3) The federal Family Educational Rights and Privacy Act, 16 20 U.S.C. §1232g. 17 (4) The federal Americans with Disabilities Act of 1990, 42 18 U.S.C. §12101 et seq. 19 b. Supersede, abrogate, or preempt any federal law, rule, 20 or regulation. 21 c. Relieve any person from any duties, obligations, or 22 requirements imposed by federal law. 23 Sec. 7. NEW SECTION . 279.89 Teacher authority to request a 24 meeting of a student’s individualized education program team. 25 1. For purposes of this section: 26 a. “Administrator” means the same as defined in section 27 256.145. 28 b. “Teacher” means the same as defined in section 256.145. 29 2. A teacher may request a meeting of a student’s 30 individualized education program team at any time by submitting 31 an electronic or written request to an administrator. 32 3. An administrator may deny a teacher’s request for a 33 meeting of a student’s individualized education program team 34 submitted pursuant to subsection 2; provided, however, that 35 -8- H 8097.3274 (3) 91 jda/jh 8/ 12

such a denial must satisfy all of the following requirements: 1 a. Be provided to the teacher in writing. 2 b. Describe why applicable federal law does not require the 3 meeting of the student’s individualized education program team. 4 Sec. 8. NEW SECTION . 279.90 Individualized education 5 programs and section 504 plan requirements. 6 1. a. The board of directors of each school district shall 7 ensure all of the following: 8 (1) That each student’s individualized education program 9 is accessible to, and read by, each school district employee 10 who is responsible for the implementation of the student’s 11 individualized education program, including regular education 12 teachers, special education teachers, and any other service 13 providers. 14 (2) Each teacher and service provider described in 15 subparagraph (1) is informed of all of the following: 16 (a) The teacher’s or service provider’s specific 17 responsibilities related to implementing the student’s 18 individualized education program. 19 (b) The specific accommodations, modifications, and 20 supports that must be provided for the student in accordance 21 with the student’s individualized education program. 22 b. After a regular education teacher has read a student’s 23 individualized education program pursuant to paragraph “a” , 24 the regular education teacher shall provide written notice 25 to the special education teacher who is on the student’s 26 individualized education program team indicating that the 27 regular education teacher has read the individualized education 28 program. 29 2. Each teacher employed by the school district who teaches 30 a student who has a plan under section 504 of the federal 31 Rehabilitation Act, 29 U.S.C. §794, shall read the plan. After 32 the teacher has read the plan, the teacher shall provide 33 written notice to any special education teacher who provides 34 special education services to the student, or to the principal 35 -9- H 8097.3274 (3) 91 jda/jh 9/ 12

of the attendance center, indicating that the teacher has read 1 the plan. 2 3. At least one para-educator or other employee of the 3 school district who assists a teacher in providing classroom 4 instruction to a student who has an individualized education 5 program, or to a student who has a plan under section 504 of 6 the federal Rehabilitation Act, 29 U.S.C. §794, shall attend 7 all meetings related to the student’s individualized education 8 program or plan under section 504 of the federal Rehabilitation 9 Act, 29 U.S.C. §794. If practicable, meetings related to 10 a student’s individualized education program or plan under 11 section 504 of the federal Rehabilitation Act, 29 U.S.C. §794, 12 that a para-educator or other employee is required to attend 13 pursuant to this subsection shall take place during normal 14 business hours. 15 4. The board of directors of each school district shall 16 provide training to all members of a student’s individualized 17 education program team related to the least restrictive 18 environment requirements under the federal Individuals with 19 Disabilities Education Act, 20 U.S.C. §1400 et seq., that 20 is based on the training program and training materials 21 distributed by the director of the department of education to 22 the school district pursuant to section 256.9, subsection 80. 23 Sec. 9. Section 284.6, subsection 3, Code 2026, is amended 24 to read as follows: 25 3. A school district shall develop a district professional 26 development plan. The district professional development plan 27 shall include must satisfy all of the following requirements: 28 a. Include a description of the means by which the school 29 district will provide access to all teachers in the district to 30 professional development programs or offerings that meet the 31 requirements of subsection 1 . The plan shall align 32 b. Align all professional development with the school 33 district’s long-range student learning goals and the Iowa 34 teaching standards. The plan shall indicate 35 -10- H 8097.3274 (3) 91 jda/jh 10/ 12

c. Indicate the school district’s approved professional 1 development provider or providers. 2 d. Include programs and offerings for all teachers to 3 support serving students with disabilities. 4 e. Include information related to all of the following: 5 (1) The general requirements related to providing a free 6 appropriate public education, including the school district’s 7 obligation to identify and evaluate a student who may have a 8 disability. 9 (2) The provision of supports and services through 10 a student’s individualized education program, including 11 each individual teacher’s responsibilities relating to the 12 development and implementation of a student’s individualized 13 education program. 14 (3) The general requirements related to providing education 15 to a student with a disability consistent with the least 16 restrictive environment requirements under the federal 17 Individuals with Disabilities Education Act, 20 U.S.C. §1400 18 et seq. 19 Sec. 10. STATE MANDATE FUNDING SPECIFIED. In accordance 20 with section 25B.2, subsection 3, the state cost of requiring 21 compliance with any state mandate included in this Act shall 22 be paid by a school district from state school foundation aid 23 received by the school district under section 257.16. This 24 specification of the payment of the state cost shall be deemed 25 to meet all of the state funding-related requirements of 26 section 25B.2, subsection 3, and no additional state funding 27 shall be necessary for the full implementation of this Act 28 by and enforcement of this Act against all affected school 29 districts. > 30 2. Title page, by striking lines 1 through 7 and inserting 31 < An Act relating to education, including by modifying 32 provisions related to the duties of the department of 33 education, the discipline of students enrolled in school 34 districts, charter schools, and innovation zone schools 35 -11- H 8097.3274 (3) 91 jda/jh 11/ 12

who exhibit disorderly conduct in the classroom, the 1 responsibilities and powers of the department of education, 2 school district teachers, and other educational staff related 3 to students who have individualized education programs or 4 plans under section 504 of the federal Rehabilitation Act, and 5 school district professional development plans, and authorizing 6 teachers to request a meeting of a student’s individualized 7 education program team. >> 8 ______________________________ WHEELER of Sioux -12- H 8097.3274 (3) 91 jda/jh 12/ 12