Senate File 2190 - Introduced SENATE FILE 2190 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 3080) A BILL FOR An Act relating to classroom management and related 1 practitioner preparation procedures for reporting alleged 2 classroom violence and assaults, to corporal punishment, 3 establishing a grant program and fund for creation of 4 therapeutic classrooms, providing claims reimbursement 5 to schools for the transportation of certain students to 6 therapeutic classrooms, making appropriations, and including 7 effective date provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 5038SV (5) 88 kh/jh

S.F. 2190 Section 1. Section 256.9, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 60. Develop, establish, and distribute 3 to school districts evidence-based standards, guidelines, and 4 expectations for the appropriate and inappropriate responses 5 to behavior in the classroom that presents an imminent threat 6 of bodily injury to a student or another person and for the 7 reasonable, necessary, and appropriate physical restraint 8 of a student, consistent with rules adopted by the state 9 board pursuant to section 280.21. The director shall consult 10 with the area education agencies to create comprehensive and 11 consistent standards and guidance for professional development 12 relating to successfully educating individuals in the least 13 restrictive environment. 14 Sec. 2. Section 256.16, subsection 1, paragraph c, Code 15 2020, is amended to read as follows: 16 c. Include in the professional education program, 17 preparation that contributes to the education of students 18 with disabilities and students who are gifted and talented, 19 preparation in developing and implementing individualized 20 education programs and behavioral intervention plans, 21 preparation for educating individuals in the least restrictive 22 environment and identifying that environment, and other 23 strategies that address difficult and violent student 24 behavior and improve academic engagement and achievement, 25 and preparation in classroom management addressing high-risk 26 behaviors including , but not limited to , behaviors related to 27 substance abuse. Preparation required under this paragraph 28 must be successfully completed before graduation from the 29 practitioner preparation program. 30 Sec. 3. NEW SECTION . 256.25 Therapeutic classroom incentive 31 grant program —— fund. 32 1. The department shall create a therapeutic classroom 33 incentive grant program to provide competitive grants to school 34 districts for the establishment of therapeutic classrooms. 35 -1- LSB 5038SV (5) 88 kh/jh 1/ 17

S.F. 2190 2. A school district, which may collaborate and partner 1 with one or more school districts, area education agencies, 2 accredited nonpublic schools, nonprofit agencies, and 3 institutions that provide children’s mental health services, 4 located in mental health and disability services regions 5 providing children’s behavioral health services in accordance 6 with chapter 331, subchapter III, part 6, may apply for a grant 7 under this program to establish a therapeutic classroom in the 8 school district in accordance with this section. 9 3. The department shall develop a grant application 10 and selection and evaluation criteria. Selection criteria 11 shall include a method for prioritizing grant applications 12 submitted by school districts located in mental health and 13 disability services regions providing children’s behavioral 14 health services in accordance with chapter 331, subchapter III, 15 part 6, with those proposing to serve the most students given 16 highest priority. 17 4. a. The department may disburse moneys contained in 18 the therapeutic classroom incentive fund as grants to school 19 districts for the establishment of therapeutic classrooms. 20 b. The total amount of funding awarded for the establishment 21 of therapeutic classrooms for a fiscal year shall not exceed 22 an amount equivalent to the state cost per pupil multiplied by 23 weighting of one and one-half pupil calculated for one hundred 24 fifty pupils. 25 c. Grant awards shall be made for the establishment of 26 therapeutic classrooms with one to five pupils, classrooms 27 with six to ten pupils, and classrooms with eleven to fifteen 28 pupils. 29 d. For purposes of calculating a therapeutic classroom grant 30 award, the department shall determine grant awards based on the 31 following: 32 (1) For classrooms with one to five pupils, using the state 33 cost per pupil multiplied by weighting of one and one-half 34 pupil multiplied by five. 35 -2- LSB 5038SV (5) 88 kh/jh 2/ 17

S.F. 2190 (2) For classrooms with six to ten pupils, using the state 1 cost per pupil multiplied by weighting of one and one-half 2 pupil multiplied by ten. 3 (3) For classrooms with eleven to fifteen pupils, using 4 the state cost per pupil multiplied by weighting of one and 5 one-half pupil multiplied by fifteen. 6 e. Grant moneys shall be distributed after December 31 but 7 before the start of the school calendar for start-up costs for 8 a new therapeutic classroom in the fall semester. 9 5. A therapeutic classroom incentive fund is established 10 in the state treasury under the control of the department. 11 Moneys credited to the fund are appropriated to the department 12 for purposes of distributing grants under this section. The 13 department may accept gifts, grants, bequests, and other 14 private contributions, as well as state or federal moneys, 15 for deposit in the fund. Moneys available in the therapeutic 16 classroom incentive fund for a fiscal year shall be distributed 17 as grants pursuant to this section. Notwithstanding section 18 8.33, moneys in the fund at the close of the fiscal year shall 19 not revert but shall remain available for expenditure for the 20 purposes designated for subsequent fiscal years. 21 6. Placement of a child requiring special education under 22 chapter 256B in a therapeutic classroom, whether or not the 23 school district operating such classroom receives funds under 24 this section, is subject to the provisions of chapter 256B, 25 to the administrative rules adopted by the state board for 26 purposes of chapter 256B, and to the federal Individuals with 27 Disabilities Education Act, 20 U.S.C. §1400 et seq., and shall 28 not violate such laws, rules, or regulations. 29 7. For purposes of this section, “therapeutic classroom” 30 means a classroom designed for the purpose of providing support 31 for any student whose emotional, social, or behavioral needs 32 interfere with the student’s ability to be successful in the 33 current educational environment, with or without supports, 34 until the student is able to successfully return to the 35 -3- LSB 5038SV (5) 88 kh/jh 3/ 17

S.F. 2190 student’s current education environment, with or without 1 supports, including but not limited to the general education 2 classroom. 3 Sec. 4. NEW SECTION . 256.25A Therapeutic classroom —— 4 claims. 5 1. If the general assembly appropriates funds to the 6 department for the payment of claims for costs submitted by the 7 school district for purposes of this section, a school district 8 may submit a claim for reimbursement for services provided 9 under paragraphs “a” and “b” . 10 a. A school district that provides transportation services 11 for students who are enrolled in the school district or in an 12 accredited nonpublic school located within the boundaries of 13 the school district, who have not been assigned a weighting 14 under section 256B.9, but who are assigned to a therapeutic 15 classroom that is located more than thirty miles from the 16 school designated for attendance or accredited nonpublic school 17 and is operated by another school district or accredited 18 nonpublic school under an agreement between the school 19 districts or between a school district and an accredited 20 nonpublic school, may submit claims for reimbursement for the 21 costs of providing such transportation. 22 b. A school district that provides a therapeutic classroom 23 to students enrolled in school districts or accredited 24 nonpublic schools that have certain individualized education 25 programs or behavioral intervention plans, may submit claims 26 for reimbursement for students assigned to such a classroom who 27 are not assigned a weighting under section 256B.9, subsection 28 1, paragraph “b” , “c” , or “d” , and for pupils for whom 29 behavioral intervention plans have been implemented. 30 2. Nonpublic school students assigned to a therapeutic 31 classroom under subsection 1, paragraph “b” , shall be enrolled 32 in a school district as shared-time pupils under section 33 257.6, subsection 1, paragraph “a” , subparagraph (7), in order 34 for the school district to submit a claim for reimbursement 35 -4- LSB 5038SV (5) 88 kh/jh 4/ 17

S.F. 2190 for services provided to such students under subsection 1, 1 paragraph “b” . 2 3. a. The department shall prorate the amount of claims 3 reimbursement under subsection 1, paragraph “a” , if the 4 amount of reimbursement claimed for all school districts under 5 subsection 1, paragraph “a” , exceeds five hundred thousand 6 dollars. 7 b. The department shall prorate the amount of claims 8 reimbursement for all school districts under subsection 1, 9 paragraph “b” , if the amount of reimbursement claimed for all 10 school districts under subsection 1, paragraph “b” , exceeds the 11 amount appropriated by the general assembly for such purpose. 12 4. The costs of providing transportation to nonpublic 13 school pupils as provided in this section shall not be included 14 in the computation of district cost under chapter 257, but 15 shall be shown in the budget as an expense from miscellaneous 16 income. Any transportation reimbursements received by a 17 school district for transporting nonpublic school pupils shall 18 not affect district cost limitations of chapter 257. The 19 reimbursements provided in this section are miscellaneous 20 income as defined in section 257.2. 21 5. a. Claims for reimbursement shall be made to the 22 department by the school district providing transportation 23 during a school year pursuant to subsection 1, paragraph “a” . A 24 claim shall not exceed the average transportation costs of the 25 district per pupil transported except as otherwise provided. 26 b. Claims submitted under this section shall be on a form 27 prescribed by the department, and the claim shall state the 28 services provided, the number of eligible students served, and 29 the actual costs incurred. 30 c. By June 15 of each year, school districts with eligible 31 claims shall submit such claims to the department. By July of 32 each year, the department shall draw warrants payable to school 33 districts which have established claims. 34 6. The state board shall adopt rules pursuant to chapter 17A 35 -5- LSB 5038SV (5) 88 kh/jh 5/ 17

S.F. 2190 to administer this section. 1 7. For purposes of this section, “therapeutic classroom” 2 means the same as defined in section 256.25, subsection 7. 3 Sec. 5. Section 256B.2, subsection 2, Code 2020, is amended 4 to read as follows: 5 2. a. It is the policy of this state to require school 6 districts and state-operated educational programs to provide 7 or make provision, as an integral part of public education, 8 for a free and appropriate public education sufficient to 9 meet the needs of all children requiring special education. 10 This chapter is not to be construed as encouraging separate 11 facilities or segregated programs designed to meet the needs 12 of children requiring special education when the children can 13 benefit from all or part of the education program as offered 14 by the local school district. To the maximum extent possible, 15 children Children requiring special education shall , consistent 16 with the least restrictive environment requirements under the 17 federal Individuals with Disabilities Education Act, 20 U.S.C. 18 §1400 et seq., attend regular classes and shall be educated 19 with children who do not require special education. 20 b. (1) Whenever possible appropriate , hindrances to 21 learning and to the normal functioning of children requiring 22 special education within the regular school environment shall 23 be overcome by the provision of special aids and services 24 rather than by separate programs for those in need of special 25 education. 26 (2) Special classes, separate schooling, or other removal 27 of children requiring special education from the regular 28 educational environment, shall occur only when, and to 29 the extent that the nature or severity of the educational 30 disability is such, that education in regular classes, even 31 with the use of supplementary aids and services, cannot be 32 accomplished satisfactorily. 33 (3) Individualized education programs for children 34 requiring special education within the regular school 35 -6- LSB 5038SV (5) 88 kh/jh 6/ 17

S.F. 2190 environment and behavioral intervention plans shall not 1 include provisions for clearing all other students out of the 2 regular classroom in order to calm the child requiring special 3 education or the child for whom a behavioral intervention plan 4 has been implemented except as provided in section 279.51A. 5 c. For those children who cannot adapt to the regular 6 educational or home living conditions, and who are attending 7 facilities under chapters 263 , 269 , and 270 , upon the request 8 of the board of directors of an area education agency, the 9 department of human services shall provide residential or 10 detention facilities and the area education agency shall 11 provide special education programs and services. The area 12 education agencies shall cooperate with the board of regents to 13 provide the services required by this chapter . 14 Sec. 6. Section 257.6, subsection 1, paragraph a, 15 subparagraph (7), Code 2020, is amended to read as follows: 16 (7) A student attending an accredited nonpublic school or 17 receiving competent private instruction under chapter 299A , 18 who is assigned to a therapeutic classroom in accordance with 19 section 256.25A or is participating in a program under chapter 20 261E , shall be counted as a shared-time student in the school 21 district in which the nonpublic school of attendance is located 22 for state foundation aid purposes. 23 Sec. 7. Section 257.16C, subsection 2, paragraph d, Code 24 2020, is amended to read as follows: 25 d. A school district’s transportation cost per pupil 26 shall be determined by dividing the school district’s actual 27 transportation cost for all children transported in all school 28 buses for a school year pursuant to section 285.1, subsection 29 12 , less the amount amounts received for transporting nonpublic 30 school pupils under section sections 256.25 and 285.1, by the 31 district’s actual enrollment for the school year, excluding 32 the shared-time enrollment for the school year as defined in 33 section 257.6 . 34 Sec. 8. NEW SECTION . 279.51A Classroom environment —— 35 -7- LSB 5038SV (5) 88 kh/jh 7/ 17

S.F. 2190 behavioral challenges —— reports of violence or assault. 1 1. A classroom teacher may clear students from the classroom 2 only if necessary to prevent or terminate an imminent threat of 3 bodily injury to a student or another person in the classroom. 4 2. If a classroom teacher clears all other students from the 5 classroom in accordance with subsection 1, the school principal 6 shall, by the end of the school day if possible but at least 7 within twenty-four hours after the incident giving rise to 8 the classroom clearance, notify the parents or guardians of 9 all students assigned to the classroom that was cleared. The 10 notification shall not identify, directly or indirectly, any 11 students involved in the incident giving rise to the classroom 12 clearance. The principal of the school shall request that the 13 parent or guardian of the student whose behavior caused the 14 classroom clearance meet with the principal, the classroom 15 teacher, and other staff as appropriate. 16 3. If the student whose behavior caused the classroom 17 clearance has an individualized education program or a 18 behavioral intervention plan, the classroom teacher may call 19 for and be included in a review and potential revision of 20 the student’s individualized education program or behavioral 21 intervention plan by the student’s individualized education 22 program team. 23 4. A classroom teacher employed by a school district shall 24 report any alleged incident of violence or assault by a student 25 enrolled in the school to the principal of the school. 26 5. Each school district shall report to the department 27 of education, in a manner prescribed by the department, an 28 annual count of all alleged instances of violence or assault 29 by a student in a school building, on school grounds, or 30 at a school-sponsored function, and any time a student 31 is referred for the use of or transfer to a therapeutic 32 classroom. The report shall include but not be limited to 33 demographic information including but not limited to race, 34 gender, national origin, age, grade level, and disability, 35 -8- LSB 5038SV (5) 88 kh/jh 8/ 17

S.F. 2190 along with any other data required for the department to 1 implement the federal Elementary and Secondary Education Act, 2 as amended by the federal Every Student Succeeds Act, Pub. L. 3 No. 114-95. The department shall compile and summarize the 4 reports, categorized by alleged behavior, and shall submit the 5 summary to the general assembly by November 1 annually. A 6 teacher or administrator who submits a report in accordance 7 with this subsection and who meets the requirements of section 8 280.27 or section 613.21 shall be immune from civil or criminal 9 liability relating to such action, as well as for participating 10 in any administrative or judicial proceeding resulting from or 11 relating to the report pursuant to the provisions of sections 12 280.27 and 613.21. The provisions of section 70A.29 shall 13 apply to a teacher or administrator who submits a report 14 in accordance with this section or who reports an incident 15 of violence or assault to a local law enforcement agency. 16 Personal information regarding a student in a report submitted 17 pursuant to this section shall be kept confidential as required 18 under the federal Family Educational Rights and Privacy Act, 20 19 U.S.C. §1232g, and in the same manner as personal information 20 in student records maintained, created, collected, or assembled 21 by or for a school corporation or educational institution in 22 accordance with section 22.7, subsection 1. 23 6. For purposes of this section, unless the context 24 otherwise requires, “bodily injury” means physical pain, 25 illness, or any other impairment of physical condition. 26 Sec. 9. Section 280.21, subsection 1, Code 2020, is amended 27 to read as follows: 28 1. An employee of a public school district, accredited 29 nonpublic school, or area education agency shall not inflict, 30 or cause to be inflicted, corporal punishment upon a student. 31 For purposes of this section , “corporal punishment” means the 32 intentional physical punishment of a student. An employee’s 33 physical contact with the body of a student shall not be 34 considered corporal punishment if , in the opinion of a 35 -9- LSB 5038SV (5) 88 kh/jh 9/ 17

S.F. 2190 reasonable person at the time of the incident, it is reasonable 1 and necessary under the circumstances and is not designed or 2 intended to cause pain or if the employee uses reasonable 3 force, as defined under section 704.1 , for the protection of 4 the employee, the student, or other students; to obtain the 5 possession of a weapon or other dangerous object within a 6 student’s control; or for the protection of property. The 7 department state board of education shall adopt rules under 8 chapter 17A to implement this section . 9 Sec. 10. Section 280.21, subsection 2, unnumbered paragraph 10 1, Code 2020, is amended to read as follows: 11 A school employee who, in the reasonable course of the 12 employee’s employment responsibilities, comes into physical 13 contact with a student shall be granted immunity from any civil 14 or criminal liability , and immunity from any disciplinary 15 action by the school employee’s employer or the board of 16 educational examiners, which might otherwise be incurred or 17 imposed as a result of such physical contact, if the physical 18 contact is reasonable under the circumstances and involves any 19 of the following: 20 Sec. 11. Section 280.21, subsection 2, Code 2020, is amended 21 by adding the following new paragraphs: 22 NEW PARAGRAPH . j. Relocating a student who is causing a 23 severe distraction or disturbance that is detracting from the 24 educational experience of other students. 25 NEW PARAGRAPH . k. Relocating a student who is not 26 responding to verbal or written instructions that are intended 27 to change the immediate behavior of the student or relocating a 28 student who is exhibiting passive resistance behaviors. 29 Sec. 12. Section 280.21, Code 2020, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 4. To prevail in a disciplinary action 32 alleging a violation of this section or a disciplinary action 33 alleging a violation of a related school policy, the party 34 bringing the action shall prove the violation by clear and 35 -10- LSB 5038SV (5) 88 kh/jh 10/ 17

S.F. 2190 convincing evidence. 1 Sec. 13. DEPARTMENT OF EDUCATION. There is appropriated 2 from the general fund of the state to the department of 3 education for the fiscal year beginning July 1, 2020, and 4 ending June 30, 2021, the following amount, or so much thereof 5 as is necessary, to be used for the purposes designated: 6 For developing, establishing, and distributing standards, 7 guidelines, and expectations relating to behavior in the 8 classroom, restraint of a student, and professional development 9 relating to educating individuals in the least restrictive 10 environment in accordance with section 256.9, subsection 60, 11 as enacted by this Act: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 13 Notwithstanding section 8.33, moneys received by the 14 department pursuant to this section that remain unencumbered or 15 unobligated at the close of the fiscal year shall not revert 16 but shall remain available for expenditure for the purposes 17 specified in this section for the following fiscal year. 18 Sec. 14. DEPARTMENT OF EDUCATION —— THERAPEUTIC CLASSROOM 19 INCENTIVE FUND. There is appropriated from the general fund 20 of the state to the department education for the fiscal year 21 beginning July 1, 2020, and ending June 30, 2021, the following 22 amount, or so much thereof as is necessary, to be used for the 23 purposes designated: 24 For deposit in the therapeutic classroom incentive fund 25 established pursuant to section 256.25, as enacted by this Act: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,582,650 27 Sec. 15. DEPARTMENT OF EDUCATION —— THERAPEUTIC CLASSROOM 28 TRANSPORTATION CLAIMS REIMBURSEMENT. There is appropriated 29 from the general fund of the state to the department of 30 education for the fiscal year beginning July 1, 2020, and 31 ending June 30, 2021, the following amount, or so much thereof 32 as is necessary, to be used for the purposes designated: 33 For payment of school district claims for reimbursement 34 submitted under section 256.25A, subsection 1, paragraph “a”, 35 -11- LSB 5038SV (5) 88 kh/jh 11/ 17

S.F. 2190 as enacted by this Act: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 2 Notwithstanding section 8.33, moneys received by the 3 department pursuant to this section that remain unencumbered or 4 unobligated at the close of the fiscal year shall not revert 5 but shall remain available for expenditure for the purposes 6 specified in this section for the following fiscal year. 7 Sec. 16. EMERGENCY RULES. The state board of education and 8 board of educational examiners may adopt emergency rules under 9 section 17A.4, subsection 3, and section 17A.5, subsection 2, 10 paragraph “b”, to implement the provisions of this Act and 11 the rules shall be effective immediately upon filing unless 12 a later date is specified in the rules. Any rules adopted 13 in accordance with this section shall also be published as a 14 notice of intended action as provided in section 17A.4. 15 Sec. 17. EFFECTIVE DATE. The following takes effect July 16 1, 2021: 17 The section of this Act amending section 256.16, subsection 18 1, paragraph “c”. 19 Sec. 18. EFFECTIVE DATE. The following, being deemed of 20 immediate importance, take effect upon enactment: 21 1. The section of this Act enacting section 256.25. 22 2. The section of this Act relating to emergency rules. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to classroom management by providing for 27 development and distribution of guidelines, requiring approved 28 practitioner preparation programs to include preparation 29 relating to the development of individualized education 30 programs (IEP) and to positive behavioral interventions 31 and other strategies, prohibiting implementation of what is 32 commonly referred to as a classroom clear in a student’s 33 IEP, establishing a therapeutic classroom incentive grant 34 program and fund under the control of the department of 35 -12- LSB 5038SV (5) 88 kh/jh 12/ 17

S.F. 2190 education to provide competitive grants to school districts 1 for the establishment of therapeutic classrooms, providing 2 for the submission of reports of alleged violence or assaults 3 by students to the department of education and the general 4 assembly, making changes to provisions relating to corporal 5 punishment, and appropriating moneys. 6 DEVELOPMENT AND DISTRIBUTION OF GUIDELINES. The bill 7 directs the director of the department of education to 8 develop and establish, and distribute to school districts, 9 evidence-based standards, guidelines, and expectations for 10 responses to behavior in the classroom that presents an 11 imminent threat of bodily injury to a student or another 12 person. The director must consult with the area education 13 agencies to create comprehensive and consistent standards and 14 guidance for professional development relating to successfully 15 educating individuals in the least restrictive environment. 16 The bill defines “bodily injury” as physical pain, illness, 17 or any other impairment of physical condition. The bill 18 appropriates $500,000 to the department from the general fund 19 of the state for FY 2020-2021 for such purposes and allows the 20 moneys to carryover for the following fiscal year. 21 PRACTITIONER PREPARATION REQUIREMENTS. Approved 22 practitioner preparation programs must include preparation in 23 preparation for educating individuals in the least restrictive 24 environment and other strategies to address difficult and 25 violent student behavior and improve academic engagement and 26 achievement. This provision takes effect July 1, 2021. 27 THERAPEUTIC CLASSROOM INCENTIVE GRANT AND FUND. A school 28 district, which may collaborate and partner with one or 29 more school districts, area education agencies, accredited 30 nonpublic schools, nonprofit agencies, and institutions that 31 provide children’s mental health services, located in mental 32 health and disability services regions providing children’s 33 behavioral health services, may apply for a grant to establish 34 a therapeutic classroom in the school district. 35 -13- LSB 5038SV (5) 88 kh/jh 13/ 17

S.F. 2190 The department is directed to develop a grant application 1 and selection and evaluation criteria, and to give priority to 2 grant applications submitted by school districts located in 3 regions providing children’s behavioral health services, with 4 highest priority to those proposing to serve the most students. 5 If state, federal, or private moneys deposited in the 6 therapeutic classroom incentive fund are sufficient, the 7 department of education may issue grants to school districts 8 for the establishment of therapeutic classrooms. The bill 9 appropriates $1,582,650 to the fund. Grant moneys shall be 10 distributed after December 31 but before the start of the 11 school calendar for start-up costs for a new therapeutic 12 classroom in the fall semester. 13 The total amount of funding awarded for the establishment 14 of therapeutic classrooms for a fiscal year shall not exceed 15 an amount equivalent to the state cost per pupil multiplied by 16 weighting of 1.5 pupils calculated for 150 pupils. 17 The therapeutic classroom incentive fund is established 18 in the state treasury under the control of the department of 19 education. The department may accept gifts, grants, bequests, 20 and other private contributions, as well as state or federal 21 moneys, for deposit in the fund. 22 Placement of a child requiring special education in such a 23 classroom is subject to the state board’s rules and to federal 24 law. The bill defines “therapeutic classroom”. Provisions 25 relating to the therapeutic classroom incentive grant and fund 26 take effect upon enactment. 27 THERAPEUTIC CLASSROOM REIMBURSEMENT CLAIMS. Subject to an 28 appropriation by the general assembly, the bill authorizes 29 school districts to submit claims for reimbursement to the 30 department of education for the costs of providing therapeutic 31 classrooms for school district and accredited nonpublic school 32 students enrolled in the school district who have certain IEPs 33 or for whom behavior intervention plans have been implemented; 34 and for the costs of providing transportation services for 35 -14- LSB 5038SV (5) 88 kh/jh 14/ 17

S.F. 2190 students who are enrolled in the school district or in an 1 accredited nonpublic school located within the boundaries of 2 the school district, but who are assigned to a therapeutic 3 classroom that is located more than 30 miles from the school 4 designated for attendance or accredited nonpublic school and 5 is operated by another school district or accredited nonpublic 6 school under an agreement between the school districts or 7 between a school district and an accredited nonpublic school. 8 Claims cannot be filed for transportation services for 9 students who are not assigned weighting under Code section 10 256B.9, nor can claims be filed for the costs or providing 11 therapeutic classrooms for students with an IEP who are 12 assigned a weighting under Code section 256B.9, subsection 1, 13 paragraph “b”, “c”, or “d”. The bill describes the information 14 claims must include. 15 An accredited nonpublic school pupil shall be enrolled in a 16 school district as a shared-time pupil for the school district 17 to be eligible to submit such claims. 18 The bill appropriates $500,000 from the general fund of the 19 state to the department of education for the transportation 20 reimbursement claims, allows the moneys to carryover to the 21 following fiscal year, and established conditions for which the 22 department must prorate the amount of claims reimbursement. 23 The bill makes conforming changes relating to state assistance 24 to school districts for transportation costs. 25 CLASSROOM CLEAR REQUIREMENTS. Though an IEP developed 26 for a child requiring special education and a behavioral 27 intervention plan implemented for a child shall not include 28 provision for clearing all other students out of the regular 29 classroom in order to calm the child, a classroom teacher 30 may clear students from a classroom if a student’s behavior 31 presents an immediate danger to the health or safety of persons 32 in the classroom. If a teacher clears a classroom in such a 33 situation, the school principal must, by the end of the school 34 day optimally or at least within 24 hours of the incident, 35 -15- LSB 5038SV (5) 88 kh/jh 15/ 17

S.F. 2190 notify the parents or guardians of all students assigned to 1 the classroom of the action taken to clear the classroom. The 2 notification shall not identify the student. The principal of 3 the school shall request that the parent or guardian of the 4 student whose behavior caused the classroom clearance meet 5 with the principal, the classroom teacher, and other staff as 6 appropriate. 7 If the student has an IEP, the classroom teacher may call 8 for and be included in a review and potential revision of the 9 student’s IEP or by the student’s IEP team. 10 A classroom teacher must report any alleged incident of 11 violence or assault by a student to the principal. 12 REPORTS OF ALLEGED INSTANCES OF VIOLENCE OR ASSAULT. Each 13 school district shall report to the department of education, 14 in a manner prescribed by the department, an annual count of 15 all alleged instances of violence or assault by a student in a 16 school building, on school grounds, or at a school-sponsored 17 function, and any time a student is referred for the use of 18 or transfer to a therapeutic classroom. The bill describes 19 the information the report must include, and requires that 20 the department summarize the reports and submit the summary 21 to the general assembly by November 1 annually. A teacher 22 or administrator who submits such a report and meets certain 23 statutory requirements is immune from civil or criminal 24 liability and reprisals against such teacher or administrator 25 are prohibited. Personal information regarding a student in 26 such a report is confidential. 27 CORPORAL PUNISHMENT. The bill also adds to exemptions under 28 the statutory provisions relating to corporal punishment of a 29 student, provides circumstances under which a school employee 30 shall be granted immunity from civil and criminal liability, 31 and immunity from disciplinary action by the employer or the 32 board of educational examiners, which results from reasonable 33 and necessary physical contact with a student, and establishes 34 an evidentiary standard for a disciplinary action. 35 -16- LSB 5038SV (5) 88 kh/jh 16/ 17

S.F. 2190 Under the bill, if an employee’s physical contact with the 1 body of a student meets current statutory requirements and 2 is reasonable and necessary under the circumstances in the 3 opinion of a reasonable person at the time of the incident, the 4 physical contact shall not be considered corporal punishment. 5 To the current circumstances under which a school employee 6 shall be granted immunity, the bill adds relocating a student 7 who is causing a severe distraction or disturbance that is 8 detracting from the educational experience of other students, 9 and relocating a student who is not responding to verbal or 10 written instructions that are intended to change the immediate 11 behavior of the student or relocating a student who is 12 exhibiting passive resistance behaviors. 13 To prevail in a disciplinary action alleging violation of 14 the corporal punishment provisions or a related school policy, 15 the bill provides that the party bringing the action must prove 16 the violation by clear and convincing evidence. 17 EMERGENCY RULEMAKING AUTHORITY. The bill authorizes the 18 state board of education to adopt emergency rules to implement 19 the bill. This provision takes effect upon enactment. 20 -17- LSB 5038SV (5) 88 kh/jh 17/ 17