Senate File 323 - Introduced SENATE FILE 323 BY CHELGREN A BILL FOR An Act establishing conditions under which a licensed teacher 1 may remove a student from the teacher’s assigned classroom, 2 and including administrative protections and immunity from 3 civil and criminal liability. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2490XS (2) 87 kh/jh

S.F. 323 Section 1. Section 280.27, Code 2017, is amended to read as 1 follows: 2 280.27 Reporting violence —— removing students —— protections 3 —— immunity. 4 1. An employee of a school district, an accredited nonpublic 5 school, or an area education agency who participates in good 6 faith and acts reasonably in the making of a report to, or 7 investigation by, an appropriate person or agency regarding 8 violence, threats of violence, physical or sexual abuse of 9 a student, or other inappropriate activity against a school 10 employee or student in a school building, on school grounds, 11 or at a school-sponsored function shall be immune from civil 12 or criminal liability relating to such action, as well as for 13 participating in any administrative or judicial proceeding 14 resulting from or relating to the report or investigation. 15 2. A teacher who is licensed under chapter 272 and employed 16 by a school district, an accredited nonpublic school, or 17 an area education agency may temporarily or permanently 18 remove from the teacher’s assigned classroom a student who is 19 continuously or extremely disruptive in the teacher’s assigned 20 classroom. The teacher shall immediately submit written 21 notice of such action, including a statement describing the 22 incident, to the school administrator and to the president 23 of the board or the authorities in charge of the school, 24 as appropriate. The teacher shall not be disciplined or 25 placed on administrative leave solely for removing a student 26 from the teacher’s assigned classroom in accordance with 27 this subsection. At the request of the teacher, the school 28 district, school, or area education agency shall either 29 reassign the student to a different classroom or to a different 30 teacher or shall provide educational services to the student 31 in an alternative setting. A teacher who reasonably and in 32 good faith removes a student from the teacher’s assigned 33 classroom and submits notice of the incident in accordance 34 with this subsection shall be immune from civil or criminal 35 -1- LSB 2490XS (2) 87 kh/jh 1/ 2

S.F. 323 liability relating to the incident, and to participation in 1 any administrative or judicial proceeding resulting from or 2 relating to the incident. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill authorizes a licensed teacher who is employed by 7 a school district, an accredited nonpublic school, or an area 8 education agency to temporarily or permanently remove from the 9 teacher’s assigned classroom a student who is continuously 10 or extremely disruptive in the teacher’s assigned classroom, 11 and provides protections from administrative discipline and 12 immunity from civil or criminal liability for such action. 13 The teacher must immediately submit written notice of such 14 action, including a statement describing the incident, to the 15 school administrator and to the president of the board or the 16 authorities in charge of the school, as appropriate. The 17 teacher shall not be disciplined or placed on administrative 18 leave solely for removing a student from the classroom. 19 At the request of the teacher, the student shall be 20 reassigned to a different classroom or to a different teacher 21 or shall provide educational services to the student in an 22 alternative setting. A teacher who reasonably and in good 23 faith removes a student and submits notice of the incident 24 is immune from civil or criminal liability relating to the 25 incident and to participation in any administrative or judicial 26 proceeding resulting from or relating to the incident. 27 -2- LSB 2490XS (2) 87 kh/jh 2/ 2