Senate File 2288 - Introduced SENATE FILE 2288 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3075) A BILL FOR An Act pertaining to immunity from civil or criminal liability 1 for acts of corporal punishment in schools. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5949SV (1) 88 je/jh

S.F. 2288 Section 1. Section 280.21, subsection 1, Code 2020, is 1 amended to read as follows: 2 1. An employee or volunteer of a public school district, 3 accredited nonpublic school, or area education agency shall not 4 inflict, or cause to be inflicted, corporal punishment upon a 5 student. For purposes of this section , “corporal punishment” 6 means the intentional physical punishment of a student. An 7 employee’s or volunteer’s physical contact with the body of 8 a student shall not be considered corporal punishment if it 9 is reasonable and necessary under the circumstances and is 10 not designed or intended to cause pain or if the employee 11 or volunteer uses reasonable force, as defined under section 12 704.1 , for the protection of the employee or volunteer , the 13 student, or other students; to obtain the possession of a 14 weapon or other dangerous object within a student’s control; or 15 for the protection of property. The department of education 16 shall adopt rules to implement this section . 17 Sec. 2. Section 280.21, subsection 2, unnumbered paragraph 18 1, Code 2020, is amended to read as follows: 19 A school employee who, in the reasonable course of the 20 employee’s employment responsibilities, or a school volunteer 21 who, in the reasonable course of the school volunteer’s 22 volunteer responsibilities, comes into physical contact with a 23 student shall be granted immunity from any civil or criminal 24 liability which might otherwise be incurred or imposed as a 25 result of such physical contact, if the physical contact is 26 reasonable under the circumstances and involves the following: 27 Sec. 3. Section 280.21, Code 2020, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 2A. If a school employee or school 30 volunteer is granted immunity from any civil or criminal 31 liability as provided in subsection 2, the school district, 32 board of directors of the school district, or authorities in 33 charge of the accredited nonpublic school shall also be granted 34 immunity from any civil or criminal liability to the same 35 -1- LSB 5949SV (1) 88 je/jh 1/ 3

S.F. 2288 extent as the school employee or school volunteer. 1 Sec. 4. Section 280.21, subsection 3, Code 2020, is amended 2 to read as follows: 3 3. To prevail in a civil action alleging a violation 4 of this section , the party bringing the action shall prove 5 the violation by clear and convincing evidence. Any school 6 employee , school volunteer, school district, board of directors 7 of a school district, or authorities in charge of an accredited 8 nonpublic school determined in a civil action to have been 9 wrongfully accused under this section shall be awarded 10 reasonable monetary damages, including attorney fees, in light 11 of the circumstances involved, against the party bringing the 12 action. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 Current law governing corporal punishment in schools 17 prohibits an employee of a public school district, accredited 18 nonpublic school, or area education agency from inflicting 19 corporal punishment upon a student. “Corporal punishment” is 20 defined as the intentional physical punishment of a student. 21 Current law specifies circumstances in which an employee’s 22 physical contact with the body of a student shall not be 23 considered corporal punishment. Current law also provides 24 that a school employee who, in the reasonable course of the 25 employee’s employment responsibilities, comes into physical 26 contact with a student shall be granted immunity from any 27 civil or criminal liability which might otherwise be incurred 28 or imposed as a result of such physical contact, if the 29 physical contact is reasonable under the circumstances and 30 involves various specified acts. This bill applies the same 31 prohibitions, responsibilities, and immunity to a school 32 volunteer. 33 The bill provides that if a school employee or school 34 volunteer is granted immunity from any civil or criminal 35 -2- LSB 5949SV (1) 88 je/jh 2/ 3

S.F. 2288 liability in this way, the school district, board of directors 1 of the school district, or authorities in charge of the 2 accredited nonpublic school shall also be granted immunity 3 from any civil or criminal liability to the same extent as the 4 school employee or school volunteer. 5 Current law provides that any school employee determined in 6 a civil action to have been wrongfully accused of violating 7 state law on corporal punishment in schools shall be awarded 8 reasonable monetary damages, in light of the circumstances 9 involved, against the party bringing the action. The bill 10 applies this provision to a school volunteer, the school 11 district, board of directors of the school district, or 12 authorities in charge of the accredited nonpublic school as 13 well. The bill provides that reasonable monetary damages 14 include attorney fees. 15 -3- LSB 5949SV (1) 88 je/jh 3/ 3