S-5087

   Amend Senate File 2428 as follows:
   1.  Page 3, by striking lines 15 through 17 and inserting: 
   <(b)  One administrative employee, mental health professional, or behavioral interventionist who works in the attendance center and who must be selected by the principal of the attendance center.>
   2.  Page 4, lines 8 and 9, by striking <in one school year>
   3.  Page 5, after line 15 by inserting: 
   <l.  The policies must require the board of directors of the school district to make a mental health professional, guidance counselor, or behavioral interventionist available to students, teachers, and other school employees to address the immediate trauma associated with a violent disruption or nonviolent disruption, upon the request of a teacher.> 
   4.  By striking page 5, line 16, through page 7, line 11, and inserting:   
   <2.  a.  (1)  Notwithstanding a policy adopted by the board of directors of the school district pursuant to subsection 1, if a student who has an individualized education program is removed from the classroom pursuant to subsection 1, paragraph “i” or “j”, then the student’s individualized education program team shall meet expeditiously after the student’s removal from the classroom to determine whether an alternative educational location is best for the student; to carry out all manifestation determination review meetings, if required under the federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.; and to discuss all of the following:
   (a)  Whether the nature or severity of the student’s disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
   (b)  The appropriateness of the student’s current educational programming.
   (c)  Whether adjustments need to be made to the student’s individualized education program to address the student’s behaviors that led to the violent disruption or nonviolent disruption.
   (d)  Whether the student’s current location or an alternative learning environment would provide the student with a free appropriate public education.
   (e)  The accommodations, modifications, and adaptations the student requires to be successful in a general education environment; whether it is possible for these accommodations, modifications, and adaptations to be provided within the general education environment; and the supports that are needed to assist the teacher and other personnel in providing these accommodations, modifications, and adaptations.
   (f)  Whether and to what extent the receipt of special education services and activities in the general education environment will impact the student.
   (g)  Whether and to what extent the provision of special education services and activities in the general education environment will impact other students.
   (2)  The teacher who removed the student from the classroom shall do all of the following:
   (a)  Ensure proper documentation of the removal is maintained and made available to the student’s individualized education program team. Proper documentation includes all of the following:
   (i)  Information related to the date of the removal and the beginning and end times of the removal.
   (ii)  A description of the actions of the student before, during, and after the removal.
   (iii)  A description of the actions of the school district employees involved in the removal before, during, and after the removal.
   (iv)  A description of the less restrictive means attempted as an alternative to the removal.
   (v)  A description of future approaches to address the student’s behavior, including any consequences or disciplinary actions that may be imposed on the student.
   (vi)  The time and manner by which the school district notified the student’s parent or guardian of the removal.
   (b)  Participate in the meeting of the student’s individualized education program team described in subparagraph (1). The teacher must also have the opportunity to provide input related to the potential revision of the student’s individualized education program.
   b.  (1)  A student who has an individualized education program may be temporarily located in an alternative learning environment so long as such location would not constitute a change in placement.
   (2)  A student who has an individualized education program shall be accepted back into the classroom from which the student was removed when the student’s individualized education program team has determined that such classroom satisfies the least restrictive environment requirements under the federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.
   (3)  A student who has an individualized education program may be subject to a policy adopted pursuant to subsection 1 if the student’s individualized education program team determines that the student’s violent disruptions or nonviolent disruptions are not a manifestation of the student’s disability and are not the result of an omission in, misapplication of, or misinterpretation of the student’s individualized education program.
   c.  If, after considering the least restrictive environment requirements under the federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq., the student’s individualized education program team determines that the nature or severity of the student’s disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily, then the student’s individualized education program shall be amended to reflect the necessary change in placement.
   3.  a.  Notwithstanding a policy adopted by the board of directors of the school district pursuant to subsection 1, if a student who has a plan under section 504 of the federal Rehabilitation Act, 29 U.S.C. §794, is removed from the classroom pursuant to subsection 1, paragraph “i” or “j”, then the student’s team shall meet expeditiously after the student’s removal from the classroom to carry out all manifestation determination review meetings, if required under section 504 of the federal Rehabilitation Act, 29 U.S.C. §794, and to discuss all of the following:
   (1)  Whether adjustments need to be made to the student’s plan under section 504 of the federal Rehabilitation Act, 29 U.S.C. §794.
   (2)  The appropriateness of the student’s current educational programming, including whether the child may be a child with a disability under the federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq., and should therefore be evaluated for eligibility.
   b.  A student who has a plan under section 504 of the federal Rehabilitation Act, 29 U.S.C. §794, may be subject to a policy adopted pursuant to subsection 1 if the student’s team determines that the student’s violent disruptions or nonviolent disruptions are not a manifestation of the student’s disability and are not the result of an omission in, misapplication of, or misinterpretation of the student’s plan under section 504 of the federal Rehabilitation Act, 29 U.S.C. §794.>

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KERRY GRUENHAGEN