House Amendment to Senate File 2428 S-5166 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 2428.3876.H (2) 91 md 1/ 16 #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. An eligible student shall not be required to attend an 29 attendance center established by a rural school district or 30 an urban school district that is participating in the pilot 31 program if the eligible student’s parent or guardian provides 32 notice to the rural school district or urban school district 33 requesting that the eligible student be excused from such 34 attendance. 35 -2- SF 2428.3876.H (2) 91 md 2/ 16

5. a. Annually, on or before June 1 of each year, the rural 1 school district and urban school district shall submit to the 2 department an annual report that contains all of the following: 3 (1) The number of eligible students who participated in the 4 pilot program during the current school year. 5 (2) Information related to the academic performance of 6 eligible students who participated in the pilot program during 7 the current school year. 8 (3) Feedback from eligible students who participated in the 9 pilot program during the current school year related to the 10 effectiveness of the pilot program. 11 (4) Feedback from the parents or guardians of eligible 12 students who participated in the pilot program during the 13 current school year related to the effectiveness of the pilot 14 program. 15 (5) Feedback from teachers who provided educational 16 services to eligible students who participated in the 17 pilot program during the current school year related to the 18 effectiveness of the pilot program. 19 (6) Challenges associated with operating the pilot program. 20 (7) Recommendations related to how to improve the pilot 21 program. 22 (8) Any other information requested by the department that 23 will allow the department to monitor and assess the pilot 24 program. 25 b. Annually, on or before June 30 of each year, the 26 department shall compile the annual reports submitted to the 27 department pursuant to paragraph “a” and shall submit the 28 compilation to the general assembly. 29 6. As used in this section: 30 a. “Eligible student” means any of the following: 31 (1) Children requiring special education, as defined in 32 section 256B.2. 33 (2) A student whose emotional, social, or behavioral 34 needs interfere with the student’s ability to be successful 35 -3- SF 2428.3876.H (2) 91 md 3/ 16

in the regular educational environment, even with the use of 1 supplementary aids and services. 2 b. “Rural school district” means a school district as 3 described in chapter 274 that is located in a county with a 4 population of greater than seventeen thousand five hundred but 5 less than eighteen thousand, and that contains a city with a 6 population of greater than five thousand four hundred, but less 7 than five thousand five hundred, all according to the 2020 8 federal decennial census. 9 c. “Urban school district” means a school district as 10 described in chapter 274 with a total enrollment of at least 11 seven thousand students. 12 7. This section is repealed July 1, 2031. 13 Sec. 4. Section 256E.7, subsection 2, Code 2026, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . 0n. Be subject to and comply with the 16 requirements of section 279.65B relating to the discipline of 17 students who cause violent or nonviolent disruptions in the 18 same manner as a school district. 19 Sec. 5. Section 256F.4, subsection 2, Code 2026, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . v. Be subject to and comply with the 22 requirements of section 279.65B relating to the discipline of 23 students who cause violent or nonviolent disruptions in the 24 same manner as a school district. 25 Sec. 6. Section 279.65A, subsection 3, Code 2026, is amended 26 to read as follows: 27 3. The policies must be consistent with the all of the 28 following: 29 a. The provisions of chapter 256B , and the administrative 30 rules adopted by the state board for purposes of chapter 256B , 31 the . 32 b. The federal Individuals with Disabilities Education Act, 33 20 U.S.C. §1400 et seq. , and the 34 c. The federal Rehabilitation Act of 1973, as amended and 35 -4- SF 2428.3876.H (2) 91 md 4/ 16

codified in 29 U.S.C. §701 et seq. 1 d. Section 279.65B. 2 Sec. 7. NEW SECTION . 279.65B Discipline of students who 3 cause violent or nonviolent disruptions. 4 1. As used in this section: 5 a. “Nonviolent disruption” includes but is not limited to a 6 disruption to classroom instruction that is a result of any of 7 the following: 8 (1) Disorderly conduct. 9 (2) Abusive or profane language. 10 (3) Bullying, as defined under section 280.28. 11 (4) Repeatedly disruptive behavior. 12 b. “Principal” means the same as defined in section 256.145. 13 “Principal” includes all of the following: 14 (1) An assistant principal. 15 (2) A vice principal. 16 (3) An administrator who is responsible for the day-to-day 17 operations of an attendance center. 18 c. “Teacher” means the same as defined in section 256.145. 19 d. “Violent disruption” includes but is not limited to 20 a disruption to classroom instruction that is a result of a 21 threat of violence or an incident of violence that results in 22 any of the following: 23 (1) Injury. 24 (2) Property damage. 25 (3) Assault, as defined under section 708.1. 26 2. a. (1) A teacher may remove or cause to be removed a 27 student who causes a nonviolent disruption from the teacher’s 28 classroom and place the student under the supervision of the 29 principal of the attendance center in which the classroom is 30 located, or the principal’s designee, for at least thirty 31 minutes, as determined by the principal or the principal’s 32 designee. 33 (2) (a) A student who is enrolled in kindergarten through 34 grade five, and who was removed from the classroom pursuant 35 -5- SF 2428.3876.H (2) 91 md 5/ 16

to subparagraph (1), shall not be readmitted to the teacher’s 1 classroom until after the principal, or the principal’s 2 designee, and the teacher meet to discuss the readmission of 3 the student. 4 (b) A student who is enrolled in grades six through twelve, 5 and who was removed from the classroom pursuant to subparagraph 6 (1), shall not be readmitted to the teacher’s classroom until 7 after the principal, or the principal’s designee, and the 8 teacher meet to discuss the readmission of the student. Such 9 student shall not be readmitted to the teacher’s classroom 10 until, at the earliest, the immediately subsequent school day. 11 (3) The principal, or the principal’s designee, shall 12 inform the teacher of the disciplinary actions taken against 13 the student removed from the classroom pursuant to subparagraph 14 (1) as soon as is reasonably possible after the student’s 15 removal. 16 (4) A student who is removed from the classroom pursuant to 17 subparagraph (1) shall be required to make up any work that the 18 student missed while the student was under the supervision of 19 the principal or the principal’s designee. 20 (5) If a student is removed from a teacher’s classroom 21 pursuant to subparagraph (1) more than once, the teacher or 22 teachers who removed the student from the classroom; the 23 principal of the attendance center in which the classroom 24 or classrooms are located; a qualified guidance counselor 25 licensed by the board of educational examiners under chapter 26 256, subchapter VII, part 3; the student’s parent or legal 27 guardian, if the student is not an emancipated minor; and the 28 student shall participate in a meeting to discuss the student’s 29 nonviolent disruptions and to establish a behavioral plan and 30 a course of discipline to correct the student’s behavior, 31 which may include locating the student in an alternative 32 learning environment, including a therapeutic classroom, when 33 appropriate. 34 b. (1) A teacher shall remove or cause to be removed a 35 -6- SF 2428.3876.H (2) 91 md 6/ 16

student who causes a violent disruption from the teacher’s 1 classroom and place the student under the supervision of the 2 principal of the attendance center in which the classroom is 3 located, or the principal’s designee. 4 (2) (a) A student who is enrolled in kindergarten through 5 grade five, and who was removed from the classroom pursuant 6 to subparagraph (1), shall not be readmitted to the teacher’s 7 classroom until after the principal, or the principal’s 8 designee, and the teacher meet to discuss the readmission of 9 the student. 10 (b) A student who is enrolled in grades six through twelve, 11 and who was removed from the classroom pursuant to subparagraph 12 (1), shall not be readmitted to the teacher’s classroom until 13 after the principal, or the principal’s designee, and the 14 teacher meet to discuss the readmission of the student. Such 15 student shall not be readmitted to the teacher’s classroom 16 until, at the earliest, the immediately subsequent school day. 17 (c) Notwithstanding any policy adopted by the oversight 18 review committee pursuant to subsection 4, paragraph “a” , a 19 student shall not be readmitted to a teacher’s classroom if all 20 of the following criteria are satisfied: 21 (i) The teacher removed the student from the teacher’s 22 classroom because the student caused a violent disruption that 23 included the student assaulting the teacher. 24 (ii) The teacher does not consent to allowing the student to 25 return to the teacher’s classroom. 26 3. a. If the principal determines that disciplinary 27 action should be taken against a student who was removed from 28 a teacher’s classroom pursuant to subsection 2, then the 29 principal shall do all of the following: 30 (1) Take such disciplinary action. 31 (2) Provide written and, if possible, electronic notice of 32 such disciplinary action to the student’s parent or guardian. 33 b. (1) If a student was removed from a teacher’s classroom 34 pursuant to subsection 2 two or more times in a semester, or 35 -7- SF 2428.3876.H (2) 91 md 7/ 16

the trimester or quarter equivalent, then the principal shall 1 discipline the student by doing any of the following: 2 (a) Assigning the student to either in-school or 3 out-of-school suspension. 4 (b) Recommending to the superintendent that the student be 5 located in an alternative learning environment that has been 6 approved by the superintendent. 7 (2) If a student was removed from a teacher’s classroom 8 pursuant to subsection 2 because the student’s conduct, 9 statements, or other actions were severe or pervasive, and, 10 if requested by the teacher, then the principal shall impose 11 the maximum amount of punishment applicable to such conduct, 12 statements, or other actions as provided in policies adopted 13 by the board of directors of the school district, including 14 placing the student in an alternative learning environment that 15 has been approved by the superintendent. 16 4. a. The board of directors of a school district shall 17 require each attendance center within the school district 18 to create an oversight review committee that is responsible 19 for developing a policy, consistent with this section, that 20 establishes when a student who has been removed from the 21 classroom pursuant to subsection 2 may be readmitted to the 22 classroom. 23 b. The oversight review committee must consist of all of the 24 following members: 25 (1) Two teachers who work in the attendance center and who 26 must be selected by the teachers of the attendance center. 27 (2) One administrative employee, mental health 28 professional, or behavioral interventionist who works in the 29 attendance center and who must be selected by the principal of 30 the attendance center. 31 c. The oversight review committee may issue recommendations 32 related to when a student who was removed from a teacher’s 33 classroom pursuant to subsection 2, paragraph “a” , subparagraph 34 (1), should be readmitted to the teacher’s classroom. 35 -8- SF 2428.3876.H (2) 91 md 8/ 16

5. If a student who has an individualized education program 1 was removed from a teacher’s classroom pursuant to subsection 2 2, then all of the following shall apply: 3 a. (1) All of the following individuals shall, if 4 practicable, participate in the meeting of the student’s 5 individualized education program team that takes place 6 immediately subsequent to the student’s exclusion from the 7 classroom: 8 (a) The teacher who removed the student from the classroom 9 pursuant to subsection 2. 10 (b) Any teacher who is not described in subparagraph 11 division (a) and who provides classroom instruction to the 12 student. 13 (c) Any other employee of the school district who does not 14 hold a license issued by the board of educational examiners, 15 including para-educators and bus drivers, and who was directly 16 involved in the student’s conduct, statements, or other actions 17 that led to the student’s exclusion from the classroom. 18 (2) If a teacher or other employee is not able to 19 participate 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, as required 22 under subparagraph (1), then the teacher or other employee 23 shall review the minutes or summary of the meeting prepared by 24 the individualized education program team pursuant to paragraph 25 “b” , subparagraph (2), and shall provide written notice to the 26 student’s individualized education program team indicating that 27 the teacher or other employee has read the minutes or summary. 28 b. (1) In the meeting of the student’s individualized 29 education program team that takes place immediately subsequent 30 to the student’s exclusion from the classroom, the student’s 31 individualized education program team shall discuss all of the 32 following: 33 (a) The appropriateness of the student’s current 34 educational programming. 35 -9- SF 2428.3876.H (2) 91 md 9/ 16

(b) Whether adjustments need to be made to the student’s 1 individualized education program to address the student’s 2 behaviors. 3 (c) Whether the student’s current placement or an 4 alternative learning environment would best provide the student 5 with a free appropriate public education. 6 (d) The accommodations, modifications, and adaptations that 7 are required to allow the student to be successful in a general 8 education setting, what supports are needed to assist the 9 teacher and other school district employees in providing those 10 accommodations, modifications, and adaptations, and whether it 11 is possible for the school district to provide those supports, 12 accommodations, modifications, and adaptations. 13 (e) Whether and to what extent the provision of special 14 education services and activities in the general education 15 environment will impact the student and the other students in 16 the classroom. 17 (2) If a teacher or other employee is not able to 18 participate in the meeting of the student’s individualized 19 education program team that takes place immediately subsequent 20 to the student’s exclusion from the classroom, as required 21 under paragraph “a” , subparagraph (1), then the student’s 22 individualized education program team shall prepare minutes or 23 a summary of the meeting and provide the minutes or summary to 24 the teacher or other employee. 25 c. If the student was removed from the classroom five or 26 more times within any fifteen-consecutive-school-day period, 27 then the student’s individualized education program team shall 28 meet to discuss the student’s behavior. 29 6. A teacher may appeal all of the following to the board of 30 directors of the school district: 31 a. A principal’s refusal to allow the teacher to remove a 32 student from the teacher’s classroom pursuant to subsection 2. 33 b. A principal’s readmission of a student to the teacher’s 34 classroom prior to the time such student should have been 35 -10- SF 2428.3876.H (2) 91 md 10/ 16

readmitted pursuant to subsection 2. 1 7. The board of directors of a school district shall 2 immediately grant a teacher a leave of absence for physical 3 recovery with full pay for not more than three days if the 4 teacher is injured due to a student’s violent disruption; 5 provided, however, that the board of directors of a school 6 district may grant a teacher such a leave of absence for four 7 or more days if the teacher provides to the board of directors 8 of the school district a note from a physician indicating that 9 such a leave of absence is needed. 10 8. a. Each principal of an attendance center shall make a 11 mental health professional, guidance counselor, or behavioral 12 interventionist available to students, teachers, and other 13 school employees to address the immediate trauma associated 14 with a violent disruption or nonviolent disruption, upon the 15 request of a teacher. 16 b. Notwithstanding paragraph “a” , a mental health 17 professional, guidance counselor, or behavioral interventionist 18 shall not provide any mental health services to a student who 19 is less than eighteen years of age to address the immediate 20 trauma associated with a violent disruption or nonviolent 21 disruption unless the student’s parent or guardian consents to 22 the student receiving such mental health services, or unless 23 the student is an emancipated minor. 24 9. Each principal shall carry out the principal’s 25 responsibilities under this section in an expeditious manner, 26 and shall do all of the following in an expeditious manner: 27 a. Carry out all manifestation determination review 28 meetings, as required under section 504 of the federal 29 Rehabilitation Act, 29 U.S.C. §794. 30 b. Impose the appropriate amount of punishment in accordance 31 with policies adopted by the board of directors of the school 32 district and federal law. 33 c. Perform functional behavior assessments as needed. 34 d. Adjust behavioral intervention plans as needed. 35 -11- SF 2428.3876.H (2) 91 md 11/ 16

10. This section shall not be construed to do any of the 1 following: 2 a. Infringe on any right provided to any student under 3 federal law, including but not limited to all of the following: 4 (1) Section 504 of the federal Rehabilitation Act, 29 U.S.C. 5 §794. 6 (2) The federal Individuals with Disabilities Education 7 Act, 20 U.S.C. §1400 et seq. 8 (3) The federal Family Educational Rights and Privacy Act, 9 20 U.S.C. §1232g. 10 (4) The federal Americans with Disabilities Act of 1990, 42 11 U.S.C. §12101 et seq. 12 b. Supersede, abrogate, or preempt any federal law, rule, 13 or regulation. 14 c. Relieve any person from any duties, obligations, or 15 requirements imposed by federal law. 16 Sec. 8. NEW SECTION . 279.89 Teacher authority to request a 17 meeting of a student’s individualized education program team. 18 1. For purposes of this section: 19 a. “Administrator” means the same as defined in section 20 256.145. 21 b. “Teacher” means the same as defined in section 256.145. 22 2. A teacher may request a meeting of a student’s 23 individualized education program team at any time by submitting 24 an electronic or written request to an administrator. 25 3. An administrator may deny a teacher’s request for a 26 meeting of a student’s individualized education program team 27 submitted pursuant to subsection 2; provided, however, that 28 such a denial must satisfy all of the following requirements: 29 a. Be provided to the teacher in writing. 30 b. Describe why applicable federal law does not require the 31 meeting of the student’s individualized education program team. 32 Sec. 9. NEW SECTION . 279.90 Individualized education 33 programs and section 504 plan requirements. 34 1. a. The board of directors of each school district shall 35 -12- SF 2428.3876.H (2) 91 md 12/ 16

ensure all of the following: 1 (1) That each student’s individualized education program 2 is accessible to, and read by, each school district employee 3 who is responsible for the implementation of the student’s 4 individualized education program, including regular education 5 teachers, special education teachers, and any other service 6 providers. 7 (2) Each teacher and service provider described in 8 subparagraph (1) is informed of all of the following: 9 (a) The teacher’s or service provider’s specific 10 responsibilities related to implementing the student’s 11 individualized education program. 12 (b) The specific accommodations, modifications, and 13 supports that must be provided for the student in accordance 14 with the student’s individualized education program. 15 b. After a regular education teacher has read a student’s 16 individualized education program pursuant to paragraph “a” , 17 the regular education teacher shall provide written notice 18 to the special education teacher who is on the student’s 19 individualized education program team indicating that the 20 regular education teacher has read the individualized education 21 program. 22 2. Each teacher employed by the school district who teaches 23 a student who has a plan under section 504 of the federal 24 Rehabilitation Act, 29 U.S.C. §794, shall read the plan. After 25 the teacher has read the plan, the teacher shall provide 26 written notice to any special education teacher who provides 27 special education services to the student, or to the principal 28 of the attendance center, indicating that the teacher has read 29 the plan. 30 3. At least one para-educator or other employee of the 31 school district who assists a teacher in providing classroom 32 instruction to a student who has an individualized education 33 program, or to a student who has a plan under section 504 of 34 the federal Rehabilitation Act, 29 U.S.C. §794, shall attend 35 -13- SF 2428.3876.H (2) 91 md 13/ 16

all meetings related to the student’s individualized education 1 program or plan under section 504 of the federal Rehabilitation 2 Act, 29 U.S.C. §794. If practicable, meetings related to 3 a student’s individualized education program or plan under 4 section 504 of the federal Rehabilitation Act, 29 U.S.C. §794, 5 that a para-educator or other employee is required to attend 6 pursuant to this subsection shall take place during normal 7 business hours. 8 4. The board of directors of each school district shall 9 provide training to all members of a student’s individualized 10 education program team related to the least restrictive 11 environment requirements under the federal Individuals with 12 Disabilities Education Act, 20 U.S.C. §1400 et seq., that 13 is based on the training program and training materials 14 distributed by the director of the department of education to 15 the school district pursuant to section 256.9, subsection 80. 16 Sec. 10. Section 284.6, subsection 3, Code 2026, is amended 17 to read as follows: 18 3. A school district shall develop a district professional 19 development plan. The district professional development plan 20 shall include must satisfy all of the following requirements: 21 a. Include a description of the means by which the school 22 district will provide access to all teachers in the district to 23 professional development programs or offerings that meet the 24 requirements of subsection 1 . The plan shall align 25 b. Align all professional development with the school 26 district’s long-range student learning goals and the Iowa 27 teaching standards. The plan shall indicate 28 c. Indicate the school district’s approved professional 29 development provider or providers. 30 d. Include programs and offerings for all teachers to 31 support serving students with disabilities. 32 e. Include information related to all of the following: 33 (1) The general requirements related to providing a free 34 appropriate public education, including the school district’s 35 -14- SF 2428.3876.H (2) 91 md 14/ 16

obligation to identify and evaluate a student who may have a 1 disability. 2 (2) The provision of supports and services through 3 a student’s individualized education program, including 4 each individual teacher’s responsibilities relating to the 5 development and implementation of a student’s individualized 6 education program. 7 (3) The general requirements related to providing education 8 to a student with a disability consistent with the least 9 restrictive environment requirements under the federal 10 Individuals with Disabilities Education Act, 20 U.S.C. §1400 11 et seq. 12 Sec. 11. STATE MANDATE FUNDING SPECIFIED. In accordance 13 with section 25B.2, subsection 3, the state cost of requiring 14 compliance with any state mandate included in this Act shall 15 be paid by a school district from state school foundation aid 16 received by the school district under section 257.16. This 17 specification of the payment of the state cost shall be deemed 18 to meet all of the state funding-related requirements of 19 section 25B.2, subsection 3, and no additional state funding 20 shall be necessary for the full implementation of this Act 21 by and enforcement of this Act against all affected school 22 districts. > 23 2. Title page, by striking lines 1 through 3 and inserting 24 < An Act relating to education, including by modifying 25 provisions related to the duties of the department of 26 education; the discipline of students enrolled in school 27 districts, charter schools, and innovation zone schools who 28 cause violent or nonviolent disruptions; the responsibilities 29 and powers of the department of education, school district 30 teachers, and other educational staff related to students 31 who have individualized education programs or plans under 32 section 504 of the federal Rehabilitation Act; school district 33 professional development plans; and authorizing teachers to 34 request a meeting of a student’s individualized education 35 -15- SF 2428.3876.H (2) 91 md 15/ 16