House File 140 - Introduced HOUSE FILE 140 BY FISHER , SALMON , KLEIN , WATTS , SHEETS , NUNN , HOLT , BRANHAGEN , and R. TAYLOR A BILL FOR An Act relating to student discipline and student conduct 1 policies adopted by school districts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1670YH (6) 86 kh/rj

H.F. 140 Section 1. Section 279.66, Code 2015, is amended to read as 1 follows: 2 279.66 Discipline and personal conduct standards. 3 1. The board of directors of a school district shall review 4 and modify existing policies related to student discipline 5 and student conduct that are designed to promote responsible 6 behavior on school property and at school functions in 7 order that the policy shall govern the conduct of students, 8 teachers and other school personnel, and visitors; provide 9 opportunities for students to exercise self-discipline 10 and practice cooperative classroom behavior; and encourage 11 students and practitioners to model fairness, equity, and 12 respect. The policy shall specify the responsibilities of 13 students, parents and guardians, and practitioners in creating 14 an atmosphere where all individuals feel a sense of respect, 15 safety, and belonging, and shall set forth the consequences for 16 unacceptable behavior. The policy shall be published in the 17 student handbook. 18 2. a. The policy adopted by the board of directors of a 19 school district under subsection 1 shall also provide that 20 simulating a firearm or weapon while participating in play with 21 other students, or wearing clothing or accessories depicting 22 a firearm or weapon, or expressing an opinion regarding a 23 right guaranteed by the second amendment to the Constitution 24 of the United States is not grounds for disciplinary action or 25 referral to the criminal justice or juvenile justice system. 26 Simulating a firearm or weapon while participating in play with 27 other students, includes but is not limited to the following: 28 (1) Brandishing an item that is shaped or fabricated to 29 simulate the shape of a firearm or weapon, or brandishing 30 an item under the pretense that it is a firearm or weapon, 31 including but not limited to items such as pencils, pens, or 32 other writing or drawing implements to simulate a firearm or 33 weapon. 34 (2) Possessing a toy firearm or toy weapon that is two 35 -1- LSB 1670YH (6) 86 kh/rj 1/ 4

H.F. 140 inches or less in overall length. 1 (3) Using a finger or hand to simulate a firearm or weapon. 2 (4) Vocalizing an imaginary firearm or weapon. 3 (5) Drawing a picture or possessing an image of a firearm 4 or weapon. 5 b. (1) Notwithstanding paragraph “a” , a student may 6 be subject to disciplinary action if simulating a firearm 7 or weapon while participating in play with other students 8 substantially disrupts student learning or causes bodily harm 9 to another person or places another person in reasonable fear 10 of bodily harm. The severity of consequences imposed upon a 11 student, including referral to the criminal justice or juvenile 12 justice system, must be proportionate to the severity of the 13 infraction and consistent with school board policies for 14 similar infractions. If a student is disciplined for such 15 conduct, the school principal or designee must contact the 16 student’s parent or guardian. 17 (2) Disciplinary action resulting from a student’s clothing 18 or accessories shall be determined pursuant to section 279.58 19 or 280.22, as appropriate, unless the wearing of the clothing 20 or accessory causes a substantial disruption to student 21 learning, in which case the infraction may be addressed in a 22 manner that is consistent with district school board policies 23 for similar infractions. The mere fact that another person is 24 offended by the image or words on clothing or an accessory does 25 not constitute a substantial disruption to student learning. 26 This subparagraph does not prohibit a public school from 27 adopting a school uniform policy pursuant to section 279.58. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the discipline and personal conduct 32 policies adopted by the board of directors of a school district 33 by requiring that such policies provide that simulating a 34 firearm or weapon while participating in play with other 35 -2- LSB 1670YH (6) 86 kh/rj 2/ 4

H.F. 140 students, or wearing clothing or accessories depicting a 1 firearm or weapon, or expressing an opinion regarding a right 2 guaranteed by the second amendment to the Constitution of 3 the United States is not grounds for disciplinary action or 4 referral to the criminal justice or juvenile justice system. 5 The bill establishes that allowed simulation of a firearm or 6 weapon while participating in play with other students includes 7 but is not limited to brandishing an item that is shaped or 8 fabricated to simulate the shape of a firearm or weapon or 9 pretending that the item brandished is a weapon, possessing a 10 toy firearm or toy weapon that is two inches or less in overall 11 length, using a finger or hand to simulate a firearm or weapon, 12 vocalizing an imaginary firearm or weapon, or drawing a picture 13 or possessing an image of a firearm or weapon. 14 However, under the bill, a student may be subject to 15 disciplinary action if such play substantially disrupts student 16 learning, causes bodily harm to another person, or places 17 another person in reasonable fear of bodily harm. The severity 18 of consequences imposed upon a student, including referral 19 to the criminal justice or juvenile justice system, must be 20 proportionate to the severity of the infraction. If a student 21 is disciplined for such conduct, the school principal or 22 designee must contact the student’s parent or guardian. 23 Disciplinary action resulting from a student’s clothing 24 or accessories shall be determined pursuant to the school 25 district’s dress code or by Code section 280.22, which provides 26 for student rights and limitations with regard to the exercise 27 of free expression, as appropriate. If the clothing or 28 accessory causes a substantial disruption to student learning, 29 the infraction may be addressed in a manner that is consistent 30 with district school board policies for similar infractions. 31 The bill establishes that the mere fact that another person is 32 offended by the image or words on clothing or an accessory does 33 not constitute a substantial disruption to student learning. 34 The bill also provides that these provisions do not prohibit a 35 -3- LSB 1670YH (6) 86 kh/rj 3/ 4

H.F. 140 public school from adopting a school uniform policy. 1 -4- LSB 1670YH (6) 86 kh/rj 4/ 4