Senate
File
2331
-
Introduced
SENATE
FILE
2331
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SF
2138)
A
BILL
FOR
An
Act
concerning
the
employment
rights
of
public
school
1
employees
and
officials
relating
to
student
exercise
of
free
2
expression
in
public
schools.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
280.22,
subsection
6,
Code
2020,
is
1
amended
to
read
as
follows:
2
6.
a.
Any
expression
made
by
students
in
the
exercise
of
3
free
speech,
including
student
expression
in
official
school
4
publications,
shall
not
be
deemed
to
be
an
expression
of
school
5
policy,
and
the
public
school
district
and
school
employees
or
6
officials
shall
not
be
liable
in
any
civil
or
criminal
action
7
for
any
student
expression
made
or
published
by
students,
8
unless
the
school
employees
or
officials
have
interfered
with
9
or
altered
the
content
of
the
student
speech
or
expression,
and
10
then
only
to
the
extent
of
the
interference
or
alteration
of
11
the
speech
or
expression.
12
b.
A
public
school
employee
or
official
shall
not
be
13
dismissed,
suspended,
disciplined,
reassigned,
transferred,
14
subject
to
termination
or
nonrenewal
of
a
teaching
contract
15
issued
under
section
279.13
or
an
extracurricular
contract
16
issued
under
section
279.19A,
or
otherwise
retaliated
against
17
solely
for
acting
to
protect
a
student
for
engaging
in
conduct
18
authorized
under
this
section,
or
refusing
to
infringe
upon
19
student
conduct
that
is
protected
by
this
section,
the
first
20
amendment
to
the
Constitution
of
the
United
States,
or
Article
21
I,
section
7,
of
the
Constitution
of
the
State
of
Iowa.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
provides
that
a
public
school
employee
or
official
26
shall
not
be
dismissed,
suspended,
disciplined,
reassigned,
27
transferred,
subject
to
termination
or
nonrenewal
of
a
28
teaching
contract
or
an
extracurricular
contract,
or
otherwise
29
retaliated
against
solely
for
acting
to
protect
a
student
for
30
engaging
in
conduct
authorized
under
Iowa
law
pertaining
to
31
freedom
of
expression
of
public
school
students,
or
refusing
to
32
infringe
upon
student
conduct
that
is
protected
by
such
Iowa
33
law,
the
first
amendment
to
the
Constitution
of
the
United
34
States,
or
Article
I,
section
7,
of
the
Constitution
of
the
35
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State
of
Iowa.
1
Current
law
provides
that
public
school
students
have
the
2
right
to
exercise
freedom
of
speech,
including
the
right
of
3
expression
in
official
school
publications,
with
exceptions
4
for
materials
that
are
obscene,
libelous,
or
slanderous,
or
5
encourage
students
to
commit
unlawful
acts,
violate
lawful
6
school
regulations,
or
cause
the
material
and
substantial
7
disruption
of
the
orderly
operation
of
the
school.
8
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