House File 91 - 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 1913HH 83
  4 ak/nh/8

PAG LIN



  1  1    Section 1.  Section 282.4, subsection 2, Code 2009, 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 whether or
  1 14 not to 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 1913HH 83
  2  1 ak/nh/8