Senate File 2428 H-8306 Amend Senate File 2428, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 256.9, Code 2026, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 80. Develop and distribute to school 7 districts a training program and training materials for members 8 of a student’s individualized education program team that is 9 related to the least restrictive environment requirements under 10 the federal Individuals with Disabilities Education Act, 20 11 U.S.C. §1400 et seq. 12 Sec. 2. Section 256.11, subsection 10, unnumbered paragraph 13 1, Code 2026, is amended to read as follows: 14 The state board shall establish, and the department 15 shall use, for the school year commencing July 1, 2021, and 16 each succeeding school year, an accreditation, monitoring, 17 and enforcement process for school districts and nonpublic 18 schools seeking accreditation pursuant to this subsection and 19 subsections 11 and 12 . In applying and taking monitoring and 20 enforcement action under this subsection and subsections 11 and 21 12, the department shall consider the timeliness and accuracy 22 of the information a school district or nonpublic school 23 provides to the department, including potential underreporting 24 or late reporting of data related to school discipline and 25 school safety necessary to monitor and implement the provisions 26 of chapter 280. The process established shall include all of 27 the following requirements: 28 Sec. 3. NEW SECTION . 256.20 Schools for students requiring 29 special education or students with behavioral issues —— pilot 30 project. 31 1. The department shall develop and administer a pilot 32 program that requires a rural school district and an urban 33 school district to each establish an attendance center to 34 be used to provide educational services, including special 35 -1- SF 2428.3863 (1) 91 jda/jh 1/ 15 #1.

education services, to eligible students who are enrolled 1 in the rural school district or urban school district, as 2 applicable. 3 2. The department shall determine the rural school district 4 and urban school district that will be required to participate 5 in the pilot program. A rural school district or an urban 6 school district shall not be required to participate in the 7 pilot program unless any one of the following applies: 8 a. The rural school district or urban school district agrees 9 to participate in the pilot program and provides notice to the 10 department indicating that the rural school district or urban 11 school district has the ability to fully fund the rural school 12 district’s or urban school district’s participation in the 13 pilot program. 14 b. The department fully funds the rural school district’s 15 or urban school district’s participation in the pilot program 16 using moneys appropriated by the general assembly for purposes 17 of this section. 18 3. The department, in consultation with the rural school 19 district and urban school district, shall determine all of the 20 following: 21 a. The courses of study and curricula that the rural school 22 district and urban school district will provide to eligible 23 students as part of the pilot program. 24 b. The instructional facilities that the rural school 25 district and urban school district will use to provide 26 educational services to eligible students as part of the pilot 27 program. 28 4. a. Annually, on or before June 1 of each year, the rural 29 school district and urban school district shall submit to the 30 department an annual report that contains all of the following: 31 (1) The number of eligible students who participated in the 32 pilot program during the current school year. 33 (2) Information related to the academic performance of 34 eligible students who participated in the pilot program during 35 -2- SF 2428.3863 (1) 91 jda/jh 2/ 15

the current school year. 1 (3) Feedback from eligible students who participated in the 2 pilot program during the current school year related to the 3 effectiveness of the pilot program. 4 (4) Feedback from the parents or guardians of eligible 5 students who participated in the pilot program during the 6 current school year related to the effectiveness of the pilot 7 program. 8 (5) Feedback from teachers who provided educational 9 services to eligible students who participated in the 10 pilot program during the current school year related to the 11 effectiveness of the pilot program. 12 (6) Challenges associated with operating the pilot program. 13 (7) Recommendations related to how to improve the pilot 14 program. 15 (8) Any other information requested by the department that 16 will allow the department to monitor and assess the pilot 17 program. 18 b. Annually, on or before June 30 of each year, the 19 department shall compile the annual reports submitted to the 20 department pursuant to paragraph “a” and shall submit the 21 compilation to the general assembly. 22 5. As used in this section: 23 a. “Eligible student” means any of the following: 24 (1) Children requiring special education, as defined in 25 section 256B.2. 26 (2) A student whose emotional, social, or behavioral 27 needs interfere with the student’s ability to be successful 28 in the regular educational environment, even with the use of 29 supplementary aids and services. 30 b. “Rural school district” means a school district as 31 described in chapter 274 that is located in a county with a 32 population of greater than seventeen thousand five hundred but 33 less than eighteen thousand, and that contains a city with a 34 population of greater than five thousand four hundred, but less 35 -3- SF 2428.3863 (1) 91 jda/jh 3/ 15

than five thousand five hundred, all according to the 2020 1 federal decennial census. 2 c. “Urban school district” means a school district as 3 described in chapter 274 with a total enrollment of at least 4 seven thousand students. 5 6. This section is repealed July 1, 2031. 6 Sec. 4. Section 256E.7, subsection 2, Code 2026, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . 0n. Be subject to and comply with the 9 requirements of section 279.65B relating to the discipline of 10 students who cause violent or nonviolent disruptions in the 11 same manner as a school district. 12 Sec. 5. Section 256F.4, subsection 2, Code 2026, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . v. Be subject to and comply with the 15 requirements of section 279.65B relating to the discipline of 16 students who cause violent or nonviolent disruptions in the 17 same manner as a school district. 18 Sec. 6. Section 279.65A, subsection 3, Code 2026, is amended 19 to read as follows: 20 3. The policies must be consistent with the all of the 21 following: 22 a. The provisions of chapter 256B , and the administrative 23 rules adopted by the state board for purposes of chapter 256B , 24 the . 25 b. The federal Individuals with Disabilities Education Act, 26 20 U.S.C. §1400 et seq. , and the 27 c. The federal Rehabilitation Act of 1973, as amended and 28 codified in 29 U.S.C. §701 et seq. 29 d. Section 279.65B. 30 Sec. 7. NEW SECTION . 279.65B Discipline of students who 31 cause violent or nonviolent disruptions. 32 1. As used in this section: 33 a. “Nonviolent disruption” includes but is not limited to a 34 disruption to classroom instruction that is a result of any of 35 -4- SF 2428.3863 (1) 91 jda/jh 4/ 15

the following: 1 (1) Disorderly conduct. 2 (2) Abusive or profane language. 3 (3) Bullying, as defined under section 280.28. 4 (4) Repeatedly disruptive behavior. 5 b. “Principal” means the same as defined in section 256.145. 6 “Principal” includes all of the following: 7 (1) An assistant principal. 8 (2) A vice principal. 9 (3) An administrator who is responsible for the day-to-day 10 operations of an attendance center. 11 c. “Teacher” means the same as defined in section 256.145. 12 d. “Violent disruption” includes but is not limited to 13 a disruption to classroom instruction that is a result of a 14 threat of violence or an incident of violence that results in 15 any of the following: 16 (1) Injury. 17 (2) Property damage. 18 (3) Assault, as defined under section 708.1. 19 2. a. (1) A teacher may remove or cause to be removed a 20 student who causes a nonviolent disruption from the teacher’s 21 classroom and place the student under the supervision of the 22 principal of the attendance center in which the classroom is 23 located, or the principal’s designee, for at least thirty 24 minutes, as determined by the principal or the principal’s 25 designee. 26 (2) (a) A student who is enrolled in kindergarten through 27 grade five, and who was removed from the classroom pursuant 28 to subparagraph (1), shall not be readmitted to the teacher’s 29 classroom until after the principal, or the principal’s 30 designee, and the teacher meet to discuss the readmission of 31 the student. 32 (b) A student who is enrolled in grades six through twelve, 33 and who was removed from the classroom pursuant to subparagraph 34 (1), shall not be readmitted to the teacher’s classroom until 35 -5- SF 2428.3863 (1) 91 jda/jh 5/ 15

after the principal, or the principal’s designee, and the 1 teacher meet to discuss the readmission of the student. Such 2 student shall not be readmitted to the teacher’s classroom 3 until, at the earliest, the immediately subsequent school day. 4 (3) The principal, or the principal’s designee, shall 5 inform the teacher of the disciplinary actions taken against 6 the student removed from the classroom pursuant to subparagraph 7 (1) as soon as is reasonably possible after the student’s 8 removal. 9 (4) A student who is removed from the classroom pursuant to 10 subparagraph (1) shall be required to make up any work that the 11 student missed while the student was under the supervision of 12 the principal or the principal’s designee. 13 (5) If a student is removed from a teacher’s classroom 14 pursuant to subparagraph (1) more than once, the teacher or 15 teachers who removed the student from the classroom; the 16 principal of the attendance center in which the classroom 17 or classrooms are located; a qualified guidance counselor 18 licensed by the board of educational examiners under chapter 19 256, subchapter VII, part 3; the student’s parent or legal 20 guardian, if the student is not an emancipated minor; and the 21 student shall participate in a meeting to discuss the student’s 22 nonviolent disruptions and to establish a behavioral plan and 23 a course of discipline to correct the student’s behavior, 24 which may include locating the student in an alternative 25 learning environment, including a therapeutic classroom, when 26 appropriate. 27 b. (1) A teacher shall remove or cause to be removed a 28 student who causes a violent disruption from the teacher’s 29 classroom and place the student under the supervision of the 30 principal of the attendance center in which the classroom is 31 located, or the principal’s designee. 32 (2) (a) A student who is enrolled in kindergarten through 33 grade five, and who was removed from the classroom pursuant 34 to subparagraph (1), shall not be readmitted to the teacher’s 35 -6- SF 2428.3863 (1) 91 jda/jh 6/ 15

classroom until after the principal, or the principal’s 1 designee, and the teacher meet to discuss the readmission of 2 the student. 3 (b) A student who is enrolled in grades six through twelve, 4 and who was removed from the classroom pursuant to subparagraph 5 (1), shall not be readmitted to the teacher’s classroom until 6 after the principal, or the principal’s designee, and the 7 teacher meet to discuss the readmission of the student. Such 8 student shall not be readmitted to the teacher’s classroom 9 until, at the earliest, the immediately subsequent school day. 10 (c) Notwithstanding any policy adopted by the oversight 11 review committee pursuant to subsection 4, paragraph “a” , a 12 student shall not be readmitted to a teacher’s classroom if all 13 of the following criteria are satisfied: 14 (i) The teacher removed the student from the teacher’s 15 classroom because the student caused a violent disruption that 16 included the student assaulting the teacher. 17 (ii) The teacher does not consent to allowing the student to 18 return to the teacher’s classroom. 19 3. a. If the principal determines that disciplinary 20 action should be taken against a student who was removed from 21 a teacher’s classroom pursuant to subsection 2, then the 22 principal shall do all of the following: 23 (1) Take such disciplinary action. 24 (2) Provide written and, if possible, electronic notice of 25 such disciplinary action to the student’s parent or guardian. 26 b. (1) If a student was removed from a teacher’s classroom 27 pursuant to subsection 2 two or more times in a semester, or 28 the trimester or quarter equivalent, then the principal shall 29 discipline the student by doing any of the following: 30 (a) Assigning the student to either in-school or 31 out-of-school suspension. 32 (b) Recommending to the superintendent that the student be 33 located in an alternative learning environment that has been 34 approved by the superintendent. 35 -7- SF 2428.3863 (1) 91 jda/jh 7/ 15

(2) If a student was removed from a teacher’s classroom 1 pursuant to subsection 2 because the student’s conduct, 2 statements, or other actions were severe or pervasive, and, 3 if requested by the teacher, then the principal shall impose 4 the maximum amount of punishment applicable to such conduct, 5 statements, or other actions as provided in policies adopted 6 by the board of directors of the school district, including 7 placing the student in an alternative learning environment that 8 has been approved by the superintendent. 9 4. a. The board of directors of a school district shall 10 require each attendance center within the school district 11 to create an oversight review committee that is responsible 12 for developing a policy, consistent with this section, that 13 establishes when a student who has been removed from the 14 classroom pursuant to subsection 2 may be readmitted to the 15 classroom. 16 b. The oversight review committee must consist of all of the 17 following members: 18 (1) Two teachers who work in the attendance center and who 19 must be selected by the teachers of the attendance center. 20 (2) One administrative employee, mental health 21 professional, or behavioral interventionist who works in the 22 attendance center and who must be selected by the principal of 23 the attendance center. 24 c. The oversight review committee may issue recommendations 25 related to when a student who was removed from a teacher’s 26 classroom pursuant to subsection 2, paragraph “a” , subparagraph 27 (1), should be readmitted to the teacher’s classroom. 28 5. If a student who has an individualized education program 29 was removed from a teacher’s classroom pursuant to subsection 30 2, then all of the following shall apply: 31 a. (1) All of the following individuals shall, if 32 practicable, participate in the meeting of the student’s 33 individualized education program team that takes place 34 immediately subsequent to the student’s exclusion from the 35 -8- SF 2428.3863 (1) 91 jda/jh 8/ 15

classroom: 1 (a) The teacher who removed the student from the classroom 2 pursuant to subsection 2. 3 (b) Any teacher who is not described in subparagraph 4 division (a) and who provides classroom instruction to the 5 student. 6 (c) Any other employee of the school district who does not 7 hold a license issued by the board of educational examiners, 8 including para-educators and bus drivers, and who was directly 9 involved in the student’s conduct, statements, or other actions 10 that led to the student’s exclusion from the classroom. 11 (2) If a teacher or other employee is not able to 12 participate in the meeting of the student’s individualized 13 education program team that takes place immediately subsequent 14 to the student’s exclusion from the classroom, as required 15 under subparagraph (1), then the teacher or other employee 16 shall review the minutes or summary of the meeting prepared by 17 the individualized education program team pursuant to paragraph 18 “b” , subparagraph (2), and shall provide written notice to the 19 student’s individualized education program team indicating that 20 the teacher or other employee has read the minutes or summary. 21 b. (1) In the meeting of the student’s individualized 22 education program team that takes place immediately subsequent 23 to the student’s exclusion from the classroom, the student’s 24 individualized education program team shall discuss all of the 25 following: 26 (a) The appropriateness of the student’s current 27 educational programming. 28 (b) Whether adjustments need to be made to the student’s 29 individualized education program to address the student’s 30 behaviors. 31 (c) Whether the student’s current placement or an 32 alternative learning environment would best provide the student 33 with a free appropriate public education. 34 (d) The accommodations, modifications, and adaptations that 35 -9- SF 2428.3863 (1) 91 jda/jh 9/ 15

are required to allow the student to be successful in a general 1 education setting, what supports are needed to assist the 2 teacher and other school district employees in providing those 3 accommodations, modifications, and adaptations, and whether it 4 is possible for the school district to provide those supports, 5 accommodations, modifications, and adaptations. 6 (e) Whether and to what extent the provision of special 7 education services and activities in the general education 8 environment will impact the student and the other students in 9 the classroom. 10 (2) If a teacher or other employee is not able to 11 participate in the meeting of the student’s individualized 12 education program team that takes place immediately subsequent 13 to the student’s exclusion from the classroom, as required 14 under paragraph “a” , subparagraph (1), then the student’s 15 individualized education program team shall prepare minutes or 16 a summary of the meeting and provide the minutes or summary to 17 the teacher or other employee. 18 c. If the student was removed from the classroom five or 19 more times within any fifteen-consecutive-school-day period, 20 then the student’s individualized education program team shall 21 meet to discuss the student’s behavior. 22 6. A teacher may appeal all of the following to the board of 23 directors of the school district: 24 a. A principal’s refusal to allow the teacher to remove a 25 student from the teacher’s classroom pursuant to subsection 2. 26 b. A principal’s readmission of a student to the teacher’s 27 classroom prior to the time such student should have been 28 readmitted pursuant to subsection 2. 29 7. The board of directors of a school district shall 30 immediately grant a teacher a leave of absence for physical 31 recovery with full pay for not more than three days if the 32 teacher is injured due to a student’s violent disruption; 33 provided, however, that the board of directors of a school 34 district may grant a teacher such a leave of absence for four 35 -10- SF 2428.3863 (1) 91 jda/jh 10/ 15

or more days if the teacher provides to the board of directors 1 of the school district a note from a physician indicating that 2 such a leave of absence is needed. 3 8. a. Each principal of an attendance center shall make a 4 mental health professional, guidance counselor, or behavioral 5 interventionist available to students, teachers, and other 6 school employees to address the immediate trauma associated 7 with a violent disruption or nonviolent disruption, upon the 8 request of a teacher. 9 b. Notwithstanding paragraph “a” , a mental health 10 professional, guidance counselor, or behavioral interventionist 11 shall not provide any mental health services to a student who 12 is less than eighteen years of age to address the immediate 13 trauma associated with a violent disruption or nonviolent 14 disruption unless the student’s parent or guardian consents to 15 the student receiving such mental health services, or unless 16 the student is an emancipated minor. 17 9. Each principal shall carry out the principal’s 18 responsibilities under this section in an expeditious manner, 19 and shall do all of the following in an expeditious manner: 20 a. Carry out all manifestation determination review 21 meetings, as required under section 504 of the federal 22 Rehabilitation Act, 29 U.S.C. §794. 23 b. Impose the appropriate amount of punishment in accordance 24 with policies adopted by the board of directors of the school 25 district and federal law. 26 c. Perform functional behavior assessments as needed. 27 d. Adjust behavioral intervention plans as needed. 28 10. This section shall not be construed to do any of the 29 following: 30 a. Infringe on any right provided to any student under 31 federal law, including but not limited to all of the following: 32 (1) Section 504 of the federal Rehabilitation Act, 29 U.S.C. 33 §794. 34 (2) The federal Individuals with Disabilities Education 35 -11- SF 2428.3863 (1) 91 jda/jh 11/ 15

Act, 20 U.S.C. §1400 et seq. 1 (3) The federal Family Educational Rights and Privacy Act, 2 20 U.S.C. §1232g. 3 (4) The federal Americans with Disabilities Act of 1990, 42 4 U.S.C. §12101 et seq. 5 b. Supersede, abrogate, or preempt any federal law, rule, 6 or regulation. 7 c. Relieve any person from any duties, obligations, or 8 requirements imposed by federal law. 9 Sec. 8. NEW SECTION . 279.89 Teacher authority to request a 10 meeting of a student’s individualized education program team. 11 1. For purposes of this section: 12 a. “Administrator” means the same as defined in section 13 256.145. 14 b. “Teacher” means the same as defined in section 256.145. 15 2. A teacher may request a meeting of a student’s 16 individualized education program team at any time by submitting 17 an electronic or written request to an administrator. 18 3. An administrator may deny a teacher’s request for a 19 meeting of a student’s individualized education program team 20 submitted pursuant to subsection 2; provided, however, that 21 such a denial must satisfy all of the following requirements: 22 a. Be provided to the teacher in writing. 23 b. Describe why applicable federal law does not require the 24 meeting of the student’s individualized education program team. 25 Sec. 9. NEW SECTION . 279.90 Individualized education 26 programs and section 504 plan requirements. 27 1. a. The board of directors of each school district shall 28 ensure all of the following: 29 (1) That each student’s individualized education program 30 is accessible to, and read by, each school district employee 31 who is responsible for the implementation of the student’s 32 individualized education program, including regular education 33 teachers, special education teachers, and any other service 34 providers. 35 -12- SF 2428.3863 (1) 91 jda/jh 12/ 15

(2) Each teacher and service provider described in 1 subparagraph (1) is informed of all of the following: 2 (a) The teacher’s or service provider’s specific 3 responsibilities related to implementing the student’s 4 individualized education program. 5 (b) The specific accommodations, modifications, and 6 supports that must be provided for the student in accordance 7 with the student’s individualized education program. 8 b. After a regular education teacher has read a student’s 9 individualized education program pursuant to paragraph “a” , 10 the regular education teacher shall provide written notice 11 to the special education teacher who is on the student’s 12 individualized education program team indicating that the 13 regular education teacher has read the individualized education 14 program. 15 2. Each teacher employed by the school district who teaches 16 a student who has a plan under section 504 of the federal 17 Rehabilitation Act, 29 U.S.C. §794, shall read the plan. After 18 the teacher has read the plan, the teacher shall provide 19 written notice to any special education teacher who provides 20 special education services to the student, or to the principal 21 of the attendance center, indicating that the teacher has read 22 the plan. 23 3. At least one para-educator or other employee of the 24 school district who assists a teacher in providing classroom 25 instruction to a student who has an individualized education 26 program, or to a student who has a plan under section 504 of 27 the federal Rehabilitation Act, 29 U.S.C. §794, shall attend 28 all meetings related to the student’s individualized education 29 program or plan under section 504 of the federal Rehabilitation 30 Act, 29 U.S.C. §794. If practicable, meetings related to 31 a student’s individualized education program or plan under 32 section 504 of the federal Rehabilitation Act, 29 U.S.C. §794, 33 that a para-educator or other employee is required to attend 34 pursuant to this subsection shall take place during normal 35 -13- SF 2428.3863 (1) 91 jda/jh 13/ 15

business hours. 1 4. The board of directors of each school district shall 2 provide training to all members of a student’s individualized 3 education program team related to the least restrictive 4 environment requirements under the federal Individuals with 5 Disabilities Education Act, 20 U.S.C. §1400 et seq., that 6 is based on the training program and training materials 7 distributed by the director of the department of education to 8 the school district pursuant to section 256.9, subsection 80. 9 Sec. 10. Section 284.6, subsection 3, Code 2026, is amended 10 to read as follows: 11 3. A school district shall develop a district professional 12 development plan. The district professional development plan 13 shall include must satisfy all of the following requirements: 14 a. Include a description of the means by which the school 15 district will provide access to all teachers in the district to 16 professional development programs or offerings that meet the 17 requirements of subsection 1 . The plan shall align 18 b. Align all professional development with the school 19 district’s long-range student learning goals and the Iowa 20 teaching standards. The plan shall indicate 21 c. Indicate the school district’s approved professional 22 development provider or providers. 23 d. Include programs and offerings for all teachers to 24 support serving students with disabilities. 25 e. Include information related to all of the following: 26 (1) The general requirements related to providing a free 27 appropriate public education, including the school district’s 28 obligation to identify and evaluate a student who may have a 29 disability. 30 (2) The provision of supports and services through 31 a student’s individualized education program, including 32 each individual teacher’s responsibilities relating to the 33 development and implementation of a student’s individualized 34 education program. 35 -14- SF 2428.3863 (1) 91 jda/jh 14/ 15

(3) The general requirements related to providing education 1 to a student with a disability consistent with the least 2 restrictive environment requirements under the federal 3 Individuals with Disabilities Education Act, 20 U.S.C. §1400 4 et seq. 5 Sec. 11. STATE MANDATE FUNDING SPECIFIED. In accordance 6 with section 25B.2, subsection 3, the state cost of requiring 7 compliance with any state mandate included in this Act shall 8 be paid by a school district from state school foundation aid 9 received by the school district under section 257.16. This 10 specification of the payment of the state cost shall be deemed 11 to meet all of the state funding-related requirements of 12 section 25B.2, subsection 3, and no additional state funding 13 shall be necessary for the full implementation of this Act 14 by and enforcement of this Act against all affected school 15 districts. > 16 2. Title page, by striking lines 1 through 3 and inserting 17 < An Act relating to education, including by modifying 18 provisions related to the duties of the department of 19 education; the discipline of students enrolled in school 20 districts, charter schools, and innovation zone schools who 21 cause violent or nonviolent disruptions; the responsibilities 22 and powers of the department of education, school district 23 teachers, and other educational staff related to students 24 who have individualized education programs or plans under 25 section 504 of the federal Rehabilitation Act; school district 26 professional development plans; and authorizing teachers to 27 request a meeting of a student’s individualized education 28 program team. > 29 ______________________________ WHEELER of Sioux -15- SF 2428.3863 (1) 91 jda/jh 15/ 15 #2.