Senate File 2428 S-5087 Amend Senate File 2428 as follows: 1 1. Page 3, by striking lines 15 through 17 and inserting: 2 < (b) One administrative employee, mental health 3 professional, or behavioral interventionist who works in the 4 attendance center and who must be selected by the principal of 5 the attendance center. > 6 2. Page 4, lines 8 and 9, by striking < in one school year > 7 3. Page 5, after line 15 by inserting: 8 < l. The policies must require the board of directors of the 9 school district to make a mental health professional, guidance 10 counselor, or behavioral interventionist available to students, 11 teachers, and other school employees to address the immediate 12 trauma associated with a violent disruption or nonviolent 13 disruption, upon the request of a teacher. > 14 4. By striking page 5, line 16, through page 7, line 11, and 15 inserting: 16 < 2. a. (1) Notwithstanding a policy adopted by the board 17 of directors of the school district pursuant to subsection 1, 18 if a student who has an individualized education program is 19 removed from the classroom pursuant to subsection 1, paragraph 20 “i” or “j” , then the student’s individualized education 21 program team shall meet expeditiously after the student’s 22 removal from the classroom to determine whether an alternative 23 educational location is best for the student; to carry out all 24 manifestation determination review meetings, if required under 25 the federal Individuals with Disabilities Education Act, 20 26 U.S.C. §1400 et seq.; and to discuss all of the following: 27 (a) Whether the nature or severity of the student’s 28 disability is such that education in regular classes with the 29 use of supplementary aids and services cannot be achieved 30 satisfactorily. 31 (b) The appropriateness of the student’s current 32 educational programming. 33 (c) Whether adjustments need to be made to the student’s 34 individualized education program to address the student’s 35 -1- SF 2428.3315 (3) 91 jda/jh 1/ 4 #1. #2. #3. #4.

behaviors that led to the violent disruption or nonviolent 1 disruption. 2 (d) Whether the student’s current location or an 3 alternative learning environment would provide the student with 4 a free appropriate public education. 5 (e) The accommodations, modifications, and adaptations 6 the student requires to be successful in a general education 7 environment; whether it is possible for these accommodations, 8 modifications, and adaptations to be provided within the 9 general education environment; and the supports that are needed 10 to assist the teacher and other personnel in providing these 11 accommodations, modifications, and adaptations. 12 (f) Whether and to what extent the receipt of special 13 education services and activities in the general education 14 environment will impact the student. 15 (g) Whether and to what extent the provision of special 16 education services and activities in the general education 17 environment will impact other students. 18 (2) The teacher who removed the student from the classroom 19 shall do all of the following: 20 (a) Ensure proper documentation of the removal is 21 maintained and made available to the student’s individualized 22 education program team. Proper documentation includes all of 23 the following: 24 (i) Information related to the date of the removal and the 25 beginning and end times of the removal. 26 (ii) A description of the actions of the student before, 27 during, and after the removal. 28 (iii) A description of the actions of the school district 29 employees involved in the removal before, during, and after the 30 removal. 31 (iv) A description of the less restrictive means attempted 32 as an alternative to the removal. 33 (v) A description of future approaches to address the 34 student’s behavior, including any consequences or disciplinary 35 -2- SF 2428.3315 (3) 91 jda/jh 2/ 4

actions that may be imposed on the student. 1 (vi) The time and manner by which the school district 2 notified the student’s parent or guardian of the removal. 3 (b) Participate in the meeting of the student’s 4 individualized education program team described in subparagraph 5 (1). The teacher must also have the opportunity to provide 6 input related to the potential revision of the student’s 7 individualized education program. 8 b. (1) A student who has an individualized education 9 program may be temporarily located in an alternative learning 10 environment so long as such location would not constitute a 11 change in placement. 12 (2) A student who has an individualized education program 13 shall be accepted back into the classroom from which the 14 student was removed when the student’s individualized education 15 program team has determined that such classroom satisfies the 16 least restrictive environment requirements under the federal 17 Individuals with Disabilities Education Act, 20 U.S.C. §1400 18 et seq. 19 (3) A student who has an individualized education program 20 may be subject to a policy adopted pursuant to subsection 21 1 if the student’s individualized education program team 22 determines that the student’s violent disruptions or nonviolent 23 disruptions are not a manifestation of the student’s disability 24 and are not the result of an omission in, misapplication of, 25 or misinterpretation of the student’s individualized education 26 program. 27 c. If, after considering the least restrictive environment 28 requirements under the federal Individuals with Disabilities 29 Education Act, 20 U.S.C. §1400 et seq., the student’s 30 individualized education program team determines that the 31 nature or severity of the student’s disability is such that 32 education in regular classes with the use of supplementary 33 aids and services cannot be achieved satisfactorily, then the 34 student’s individualized education program shall be amended to 35 -3- SF 2428.3315 (3) 91 jda/jh 3/ 4

reflect the necessary change in placement. 1 3. a. Notwithstanding a policy adopted by the board of 2 directors of the school district pursuant to subsection 1, 3 if a student who has a plan under section 504 of the federal 4 Rehabilitation Act, 29 U.S.C. §794, is removed from the 5 classroom pursuant to subsection 1, paragraph “i” or “j” , then 6 the student’s team shall meet expeditiously after the student’s 7 removal from the classroom to carry out all manifestation 8 determination review meetings, if required under section 504 of 9 the federal Rehabilitation Act, 29 U.S.C. §794, and to discuss 10 all of the following: 11 (1) Whether adjustments need to be made to the student’s 12 plan under section 504 of the federal Rehabilitation Act, 29 13 U.S.C. §794. 14 (2) The appropriateness of the student’s current 15 educational programming, including whether the child may be 16 a child with a disability under the federal Individuals with 17 Disabilities Education Act, 20 U.S.C. §1400 et seq., and should 18 therefore be evaluated for eligibility. 19 b. A student who has a plan under section 504 of the 20 federal Rehabilitation Act, 29 U.S.C. §794, may be subject to a 21 policy adopted pursuant to subsection 1 if the student’s team 22 determines that the student’s violent disruptions or nonviolent 23 disruptions are not a manifestation of the student’s disability 24 and are not the result of an omission in, misapplication of, or 25 misinterpretation of the student’s plan under section 504 of 26 the federal Rehabilitation Act, 29 U.S.C. §794. > 27 ______________________________ KERRY GRUENHAGEN -4- SF 2428.3315 (3) 91 jda/jh 4/ 4