House File 145 - Introduced HOUSE FILE BY TYMESON Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the suspension of students who commit assault. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1842YH 82 4 ak/es/88 PAG LIN 1 1 Section 1. Section 282.4, subsection 2, Code 2007, is 1 2 amended to read as follows: 1 3 2. a. A student who commits an assault, as defined under 1 4 section 708.1, against another student or a school employee in 1 5 a school building, on school grounds, or at a school=sponsored 1 6 function shall be suspended for a minimum of three days or a 1 7 longer time to be determined by the principal. Notice of the 1 8 suspension shall be immediately sent to the president of the 1 9 board. By special meeting open to the public or at the next 1 10 regularly scheduled board meeting, the board shall review the 1 11 suspension and may decide whether to enforce the suspension. 1 12 If the suspension is enforced, the board shall also decide 1 13 whether to hold a disciplinary hearing to determine whetheror 1 14 notto order further sanctions against the student, which may 1 15 include expelling the student. In making its decision, the 1 16 board shall consider the best interests of the school 1 17 district, which shall include what is best to protect and 1 18 ensure the safety of the school employees and students from 1 19 the student committing the assault. 1 20 b. A student shall not be suspended or expelled pursuant 1 21 to this section if the suspension or expulsion would violate 1 22 the federal Individuals with Disabilities Education Act, 20 1 23 U.S.C. } 1400-1450. 1 24 EXPLANATION 1 25 This bill requires that students who physically harm 1 26 another student or a school employee be suspended 1 27 automatically from school for a minimum of three days. The 1 28 bill allows the school board to waive the suspension after 1 29 review of the events at a meeting that is open to the public. 1 30 If the suspension is not waived, then the board shall decide 1 31 whether further disciplinary measures are needed. The bill 1 32 does not apply to students whose suspension or expulsion would 1 33 violate the federal Individuals With Disabilities Education 1 34 Act. 1 35 LSB 1842YH 82 2 1 ak:nh/es/88