Senate File 2360 - Introduced SENATE FILE 2360 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SF 2190) (SUCCESSOR TO SSB 3080) A BILL FOR An Act relating to classroom management and related 1 practitioner preparation procedures for reporting classroom 2 violence and assaults, to corporal punishment, establishing 3 a grant program and fund for creation of therapeutic 4 classrooms, providing claims reimbursement to school 5 districts for costs relating to therapeutic classrooms, 6 making appropriations, and including effective date 7 provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 5038SZ (3) 88 kh/jh

S.F. 2360 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, and for evidence-based interventions 14 consistent with the standards established pursuant to this 15 subsection. 16 Sec. 2. Section 256.16, subsection 1, paragraph c, Code 17 2020, is amended to read as follows: 18 c. Include in the professional education program, 19 preparation that contributes to the education of students 20 with disabilities and students who are gifted and talented, 21 preparation in developing and implementing individualized 22 education programs and behavioral intervention plans, 23 preparation for educating individuals in the least restrictive 24 environment and identifying that environment, and strategies 25 that address difficult and violent student behavior and 26 improve academic engagement and achievement, and preparation in 27 classroom management addressing high-risk behaviors including , 28 but not limited to , behaviors related to substance abuse. 29 Preparation required under this paragraph must be successfully 30 completed before graduation from the practitioner preparation 31 program. 32 Sec. 3. NEW SECTION . 256.25 Therapeutic classroom incentive 33 grant program —— fund. 34 1. The department shall create a therapeutic classroom 35 -1- LSB 5038SZ (3) 88 kh/jh 1/ 19

S.F. 2360 incentive grant program to provide competitive grants to school 1 districts for the establishment of therapeutic classrooms. 2 2. A school district, which may collaborate and partner 3 with one or more school districts, area education agencies, 4 accredited nonpublic schools, nonprofit agencies, and 5 institutions that provide children’s mental health services, 6 located in mental health and disability services regions 7 providing children’s behavioral health services in accordance 8 with chapter 331, subchapter III, part 6, may apply for a grant 9 under this program to establish a therapeutic classroom in the 10 school district in accordance with this section. 11 3. The department shall develop a grant application 12 and selection and evaluation criteria. Selection criteria 13 shall include a method for prioritizing grant applications 14 submitted by school districts located in mental health and 15 disability services regions providing children’s behavioral 16 health services in accordance with chapter 331, subchapter III, 17 part 6, with those proposing to serve the most students given 18 highest priority. 19 4. a. The department may disburse moneys contained in 20 the therapeutic classroom incentive fund as grants to school 21 districts for the establishment of therapeutic classrooms. 22 b. The total amount of funding awarded for the establishment 23 of therapeutic classrooms for a fiscal year shall not exceed 24 an amount equivalent to the state cost per pupil multiplied by 25 weighting of one and one-half pupil calculated for one hundred 26 fifty pupils. 27 c. Grant awards shall be made for the establishment of 28 therapeutic classrooms with one to five pupils, classrooms 29 with six to ten pupils, and classrooms with eleven to fifteen 30 pupils. 31 d. For purposes of calculating a therapeutic classroom grant 32 award, the department shall determine grant awards based on the 33 following: 34 (1) For classrooms with one to five pupils, using the state 35 -2- LSB 5038SZ (3) 88 kh/jh 2/ 19

S.F. 2360 cost per pupil multiplied by weighting of one and one-half 1 pupil multiplied by five. 2 (2) For classrooms with six to ten pupils, using the state 3 cost per pupil multiplied by weighting of one and one-half 4 pupil multiplied by ten. 5 (3) For classrooms with eleven to fifteen pupils, using 6 the state cost per pupil multiplied by weighting of one and 7 one-half pupil multiplied by fifteen. 8 e. Grant moneys shall be distributed after December 31 but 9 before the start of the school calendar for start-up costs for 10 a new therapeutic classroom in the fall semester. 11 5. A therapeutic classroom incentive fund is established 12 in the state treasury under the control of the department. 13 Moneys credited to the fund are appropriated to the department 14 for purposes of distributing grants under this section. The 15 department may accept gifts, grants, bequests, and other 16 private contributions, as well as state or federal moneys, 17 for deposit in the fund. Moneys available in the therapeutic 18 classroom incentive fund for a fiscal year shall be distributed 19 as grants pursuant to this section. Notwithstanding section 20 8.33, moneys in the fund at the close of the fiscal year shall 21 not revert but shall remain available for expenditure for the 22 purposes designated for subsequent fiscal years. 23 6. Placement of a child requiring special education under 24 chapter 256B in a therapeutic classroom, whether or not the 25 school district operating such classroom receives funds under 26 this section, is subject to the provisions of chapter 256B, 27 to the administrative rules adopted by the state board for 28 purposes of chapter 256B, and to the federal Individuals with 29 Disabilities Education Act, 20 U.S.C. §1400 et seq., and shall 30 not violate such laws, rules, or regulations. 31 7. For purposes of this section, “therapeutic classroom” 32 means a classroom designed for the purpose of providing support 33 for any student whose emotional, social, or behavioral needs 34 interfere with the student’s ability to be successful in the 35 -3- LSB 5038SZ (3) 88 kh/jh 3/ 19

S.F. 2360 current educational environment, with or without supports, 1 until the student is able to successfully return to the 2 student’s current education environment, with or without 3 supports, including but not limited to the general education 4 classroom. 5 Sec. 4. NEW SECTION . 256.25A Therapeutic classroom —— 6 claims. 7 1. A school district may submit claims to the department 8 for the costs of providing therapeutic classroom services and 9 transportation services in accordance with this section. 10 a. (1) If the general assembly appropriates moneys for 11 purposes of transportation claims reimbursement in accordance 12 with this paragraph “a” , a school district may submit a claim 13 for reimbursement for transportation services for students 14 who are enrolled in the school district or in an accredited 15 nonpublic school located within the boundaries of the school 16 district, who have not been assigned a weighting under section 17 256B.9, but who are assigned to a therapeutic classroom that 18 is located more than thirty miles from the school designated 19 for attendance or accredited nonpublic school and is operated 20 by another school district or accredited nonpublic school 21 under an agreement between the school districts or between 22 a school district and an accredited nonpublic school, may 23 submit claims for reimbursement for the costs of providing such 24 transportation. 25 (2) Claims for transportation reimbursement shall be 26 made to the department by the school district providing 27 transportation during a school year pursuant to subparagraph 28 (1). Claims submitted under this section shall be on a form 29 prescribed by the department, and the claim shall include the 30 number of eligible pupils transported, the number of days 31 each pupil was transported, and a listing of the actual costs 32 incurred. On or before December 1, 2022, the director of 33 the department shall review the data collected through the 34 claims process and shall prepare and submit to the general 35 -4- LSB 5038SZ (3) 88 kh/jh 4/ 19

S.F. 2360 assembly a report containing an analysis of the efficacy of 1 claims reimbursement in accordance with this section and 2 recommendations for changes as appropriate. 3 b. (1) For each fiscal year beginning on or after July 4 1, 2021, there is appropriated from the general fund of the 5 state to the department an amount necessary to pay all approved 6 claims submitted under this paragraph “b” . 7 (2) A school district that provides a therapeutic classroom 8 to students enrolled in a school district or an accredited 9 nonpublic school may submit claims to the department for 10 students assigned to such a classroom during the preceding 11 school budget year who are not assigned a weighting under 12 section 256B.9, subsection 1, paragraph “b” , “c” , or “d” , and 13 for whom behavioral intervention plans have been implemented. 14 (3) The amount of the claim shall be equal to the product of 15 the following amounts: 16 (a) The product of one and five-tenths multiplied by the 17 regular program district cost per pupil for the budget year 18 during which the students identified under subparagraph (2) 19 were assigned to the therapeutic classroom. 20 (b) The quotient of the total number of days the students 21 identified under subparagraph (2) were served in a therapeutic 22 classroom divided by the maximum number of school days in the 23 school district’s calendar. 24 (4) Using end-of-year data submitted by each school 25 district through student-level data collection, the department 26 shall make claim forms available to each eligible school 27 district containing the available data. 28 2. Nonpublic school students assigned to a therapeutic 29 classroom under subsection 1, paragraph “b” , shall be enrolled 30 in a school district as shared-time pupils under section 31 257.6, subsection 1, paragraph “a” , subparagraph (7), in order 32 for the school district to submit a claim for reimbursement 33 for services provided to such students under subsection 1, 34 paragraph “b” . 35 -5- LSB 5038SZ (3) 88 kh/jh 5/ 19

S.F. 2360 3. The department shall prorate the amount of claims 1 reimbursement under subsection 1, paragraph “a” , if the 2 amount of reimbursement claimed for all school districts under 3 subsection 1, paragraph “a” , exceeds the amount appropriated 4 by the general assembly for such purpose plus any available 5 remaining balances from prior fiscal years. 6 4. The costs of providing transportation to nonpublic 7 school pupils as provided in this section shall not be included 8 in the computation of district cost under chapter 257, but 9 shall be shown in the budget as an expense from miscellaneous 10 income. Any transportation reimbursements received by a 11 school district for transporting nonpublic school pupils shall 12 not affect district cost limitations of chapter 257. The 13 reimbursements provided in this section are miscellaneous 14 income as defined in section 257.2. 15 5. By June 15 of each year, school districts with eligible 16 claims shall submit such claims to the department. By July 1 17 of each year, the department shall draw warrants payable to 18 school districts which have established claims. 19 6. The state board shall adopt rules pursuant to chapter 17A 20 to administer this section. 21 7. For purposes of this section, “therapeutic classroom” 22 means the same as defined in section 256.25, subsection 7. 23 Sec. 5. Section 256B.2, subsection 2, Code 2020, is amended 24 to read as follows: 25 2. a. It is the policy of this state to require school 26 districts and state-operated educational programs to provide 27 or make provision, as an integral part of public education, 28 for a free and appropriate public education sufficient to 29 meet the needs of all children requiring special education. 30 This chapter is not to be construed as encouraging separate 31 facilities or segregated programs designed to meet the needs 32 of children requiring special education when the children can 33 benefit from all or part of the education program as offered 34 by the local school district. To the maximum extent possible, 35 -6- LSB 5038SZ (3) 88 kh/jh 6/ 19

S.F. 2360 children Children requiring special education shall , consistent 1 with the least restrictive environment requirements under the 2 federal Individuals with Disabilities Education Act, 20 U.S.C. 3 §1400 et seq., attend regular classes and shall be educated 4 with children who do not require special education. 5 b. (1) Whenever possible appropriate , hindrances to 6 learning and to the normal functioning of children requiring 7 special education within the regular school environment shall 8 be overcome by the provision of special aids and services 9 rather than by separate programs for those in need of special 10 education. 11 (2) Special classes, separate schooling, or other removal 12 of children requiring special education from the regular 13 educational environment, shall occur only when, and to 14 the extent that the nature or severity of the educational 15 disability is such, that education in regular classes, even 16 with the use of supplementary aids and services, cannot be 17 accomplished satisfactorily. 18 (3) Individualized education programs for children 19 requiring special education within the regular school 20 environment and behavioral intervention plans shall not 21 include provisions for clearing all other students out of the 22 regular classroom in order to calm the child requiring special 23 education or the child for whom a behavioral intervention plan 24 has been implemented except as provided in section 279.51A. 25 c. For those children who cannot adapt to the regular 26 educational or home living conditions, and who are attending 27 facilities under chapters 263 , 269 , and 270 , upon the request 28 of the board of directors of an area education agency, the 29 department of human services shall provide residential or 30 detention facilities and the area education agency shall 31 provide special education programs and services. The area 32 education agencies shall cooperate with the board of regents to 33 provide the services required by this chapter . 34 Sec. 6. Section 257.6, subsection 1, paragraph a, 35 -7- LSB 5038SZ (3) 88 kh/jh 7/ 19

S.F. 2360 subparagraph (7), Code 2020, is amended to read as follows: 1 (7) A student attending an accredited nonpublic school or 2 receiving competent private instruction under chapter 299A , 3 who is assigned to a therapeutic classroom in accordance with 4 section 256.25A or is participating in a program under chapter 5 261E , shall be counted as a shared-time student in the school 6 district in which the nonpublic school of attendance is located 7 for state foundation aid purposes. 8 Sec. 7. Section 257.16C, subsection 2, paragraph d, Code 9 2020, is amended to read as follows: 10 d. A school district’s transportation cost per pupil 11 shall be determined by dividing the school district’s actual 12 transportation cost for all children transported in all school 13 buses for a school year pursuant to section 285.1, subsection 14 12 , less the amount amounts received for transporting nonpublic 15 school pupils under section sections 256.25 and 285.1, by the 16 district’s actual enrollment for the school year, excluding 17 the shared-time enrollment for the school year as defined in 18 section 257.6 . 19 Sec. 8. Section 272.2, subsection 1, paragraph a, Code 2020, 20 is amended to read as follows: 21 a. License practitioners, which includes the authority 22 to establish criteria for the licenses; establish issuance 23 and renewal requirements; create application and renewal 24 forms; create licenses that authorize different instructional 25 functions or specialties; develop a code of professional rights 26 and responsibilities, practices, and ethics, which shall, among 27 other things, address the failure of a practitioner to fulfill 28 contractual obligations under section 279.13 and address the 29 failure of an administrator to address appropriately reports of 30 violence and assault reported pursuant to section 279.51A ; and 31 develop any other classifications, distinctions, and procedures 32 which may be necessary to exercise licensing duties. In 33 addressing the failure of a practitioner to fulfill contractual 34 obligations, the board shall consider factors beyond the 35 -8- LSB 5038SZ (3) 88 kh/jh 8/ 19

S.F. 2360 practitioner’s control. 1 Sec. 9. NEW SECTION . 279.51A Classroom environment —— 2 behavioral challenges —— reports of violence or assault. 3 1. A classroom teacher may clear students from the classroom 4 only if necessary to prevent or terminate an imminent threat of 5 bodily injury to a student or another person in the classroom. 6 2. If a classroom teacher clears all other students from the 7 classroom in accordance with subsection 1, the school principal 8 shall, by the end of the school day if possible but at least 9 within twenty-four hours after the incident giving rise to 10 the classroom clearance, notify the parents or guardians of 11 all students assigned to the classroom that was cleared. The 12 notification shall not identify, directly or indirectly, any 13 students involved in the incident giving rise to the classroom 14 clearance. The principal of the school shall request that the 15 parent or guardian of the student whose behavior caused the 16 classroom clearance meet with the principal, the classroom 17 teacher, and other staff as appropriate. 18 3. If the student whose behavior caused the classroom 19 clearance has an individualized education program or a 20 behavioral intervention plan, the classroom teacher may call 21 for and be included in a review and potential revision of 22 the student’s individualized education program or behavioral 23 intervention plan by the student’s individualized education 24 program team. 25 4. A classroom teacher employed by a school district shall 26 report any incident of violence that results in injury or 27 property damage or assault by a student enrolled in the school 28 to the principal of the school. 29 5. Each school district shall report to the department of 30 education, in a manner prescribed by the department, an annual 31 count of all incidents of violence that result in injury or 32 property damage or assault by a student in a school building, 33 on school grounds, or at a school-sponsored function, and any 34 time a student is referred for the use of or transfer to a 35 -9- LSB 5038SZ (3) 88 kh/jh 9/ 19

S.F. 2360 therapeutic classroom. The report shall include but not be 1 limited to demographic information on students reported as 2 victims and reported as perpetrators of incidents of violence 3 that result in injury or property damage or assault, including 4 but not limited to disaggregated information on race, gender, 5 national origin, age, grade level, and disability, along with 6 any other data required for the department to implement the 7 federal Elementary and Secondary Education Act, as amended 8 by the federal Every Student Succeeds Act, Pub. L. , with 9 appropriate safeguards to ensure student privacy. The 10 department shall compile and summarize the reports, categorized 11 by behavior, and shall submit the summary to the general 12 assembly by November 1 annually. A teacher or administrator 13 who submits a report in accordance with this section and who 14 meets the requirements of section 280.27 or section 613.21 15 shall be immune from civil or criminal liability relating to 16 such action, as well as for participating in any administrative 17 or judicial proceeding resulting from or relating to the 18 report pursuant to the provisions of sections 280.27 and 19 613.21. The provisions of section 70A.29 shall apply to a 20 teacher or administrator who submits a report in accordance 21 with this section or who reports an incident of violence or 22 assault to a local law enforcement agency in good faith and 23 without fraudulent intent or the intent to deceive. Personal 24 information regarding a student in a report submitted pursuant 25 to this section shall be kept confidential as required under 26 the federal Family Educational Rights and Privacy Act, 20 27 U.S.C. §1232g, and in the same manner as personal information 28 in student records maintained, created, collected, or assembled 29 by or for a school corporation or educational institution in 30 accordance with section 22.7, subsection 1. 31 6. For purposes of this section, unless the context 32 otherwise requires, “bodily injury” means physical pain, 33 illness, or any other impairment of physical condition. 34 Sec. 10. Section 280.21, subsection 1, Code 2020, is amended 35 -10- LSB 5038SZ (3) 88 kh/jh 10/ 19

S.F. 2360 to read as follows: 1 1. An employee of a public school district, accredited 2 nonpublic school, or area education agency shall not inflict, 3 or cause to be inflicted, corporal punishment upon a student. 4 For purposes of this section , “corporal punishment” means the 5 intentional physical punishment of a student. An employee’s 6 physical contact with the body of a student shall not be 7 considered corporal punishment if it is reasonable and 8 necessary under the circumstances and is not designed or 9 intended to cause pain or if the employee uses reasonable 10 force, as defined under section 704.1 , for the protection of 11 the employee, the student, or other students; to obtain the 12 possession of a weapon or other dangerous object within a 13 student’s control; or for the protection of property. The 14 department state board of education shall adopt rules under 15 chapter 17A to implement this section . 16 Sec. 11. Section 280.21, subsection 2, unnumbered paragraph 17 1, Code 2020, is amended to read as follows: 18 A school employee who, in the reasonable course of the 19 employee’s employment responsibilities, comes into physical 20 contact with a student shall be granted immunity from any civil 21 or criminal liability , and immunity from any disciplinary 22 action by the school employee’s employer or the board of 23 educational examiners, which might otherwise be incurred or 24 imposed as a result of such physical contact, if the physical 25 contact is reasonable under the circumstances and involves any 26 of the following: 27 Sec. 12. Section 280.21, subsection 2, Code 2020, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . j. Relocating a student who is causing a 30 severe distraction or disturbance that is detracting from the 31 educational experience of other students. 32 Sec. 13. Section 280.21, Code 2020, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 4. To prevail in a disciplinary action 35 -11- LSB 5038SZ (3) 88 kh/jh 11/ 19

S.F. 2360 alleging a violation of this section or a disciplinary action 1 alleging a violation of a related school policy, the party 2 bringing the action shall prove the violation by clear and 3 convincing evidence. 4 Sec. 14. DEPARTMENT OF EDUCATION. There is appropriated 5 from the general fund of the state to the department of 6 education for the fiscal year beginning July 1, 2020, and 7 ending June 30, 2021, the following amount, or so much thereof 8 as is necessary, to be used for the purposes designated: 9 For developing, establishing, and distributing standards, 10 guidelines, and expectations relating to behavior in the 11 classroom, restraint of a student, and professional development 12 relating to educating individuals in the least restrictive 13 environment, and for research-based intervention strategies 14 consistent with such standards, guidelines, and expectations, 15 in accordance with section 256.9, subsection 60, as enacted by 16 this Act: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 18 Notwithstanding section 8.33, moneys received by the 19 department pursuant to this section that remain unencumbered or 20 unobligated at the close of the fiscal year shall not revert 21 but shall remain available for expenditure for the purposes 22 specified in this section for the following fiscal year. 23 Sec. 15. DEPARTMENT OF EDUCATION —— THERAPEUTIC CLASSROOM 24 INCENTIVE FUND. There is appropriated from the general fund 25 of the state to the department education for the fiscal year 26 beginning July 1, 2020, and ending June 30, 2021, the following 27 amount, or so much thereof as is necessary, to be used for the 28 purposes designated: 29 For deposit in the therapeutic classroom incentive fund 30 established pursuant to section 256.25, as enacted by this Act: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,582,650 32 Sec. 16. DEPARTMENT OF EDUCATION —— THERAPEUTIC CLASSROOM 33 TRANSPORTATION CLAIMS REIMBURSEMENT. There is appropriated 34 from the general fund of the state to the department of 35 -12- LSB 5038SZ (3) 88 kh/jh 12/ 19

S.F. 2360 education for the fiscal year beginning July 1, 2020, and 1 ending June 30, 2021, the following amount, or so much thereof 2 as is necessary, to be used for the purposes designated: 3 For payment of school district claims for reimbursement 4 submitted under section 256.25A, subsection 1, paragraph “a”, 5 as enacted by this Act: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 7 Notwithstanding section 8.33, moneys received by the 8 department pursuant to this section that remain unencumbered or 9 unobligated at the close of the fiscal year shall not revert 10 but shall remain available for expenditure for the purposes 11 specified in this section for the following fiscal year. 12 Sec. 17. EMERGENCY RULES. The state board of education and 13 board of educational examiners may adopt emergency rules under 14 section 17A.4, subsection 3, and section 17A.5, subsection 2, 15 paragraph “b”, to implement the provisions of this Act and 16 the rules shall be effective immediately upon filing unless 17 a later date is specified in the rules. Any rules adopted 18 in accordance with this section shall also be published as a 19 notice of intended action as provided in section 17A.4. 20 Sec. 18. EFFECTIVE DATE. The following takes effect July 21 1, 2021: 22 The section of this Act amending section 256.16, subsection 23 1, paragraph “c”. 24 Sec. 19. EFFECTIVE DATE. The following, being deemed of 25 immediate importance, take effect upon enactment: 26 1. The section of this Act enacting section 256.25. 27 2. The section of this Act relating to emergency rules. 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 classroom management by providing for 32 development and distribution of guidelines, requiring approved 33 practitioner preparation programs to include preparation 34 relating to the development of individualized education 35 -13- LSB 5038SZ (3) 88 kh/jh 13/ 19

S.F. 2360 programs (IEP) and to positive behavioral interventions 1 and other strategies, prohibiting implementation of what is 2 commonly referred to as a classroom clear in a student’s IEP, 3 establishing a therapeutic classroom incentive grant program 4 and fund under the control of the department of education 5 to provide competitive grants to school districts for the 6 establishment of therapeutic classrooms, providing for the 7 submission of reports of violence or assaults by students to 8 the department of education and the general assembly, making 9 changes to provisions relating to corporal punishment, and 10 appropriating moneys. 11 DEVELOPMENT AND DISTRIBUTION OF GUIDELINES. The bill 12 directs the director of the department of education to 13 develop and establish, and distribute to school districts, 14 evidence-based standards, guidelines, and expectations for 15 responses to behavior in the classroom that presents an 16 imminent threat of bodily injury to a student or another 17 person. The director must consult with the area education 18 agencies to create comprehensive and consistent standards and 19 guidance for professional development relating to successfully 20 educating individuals in the least restrictive environment, and 21 for evidence-based interventions consistent with the standards. 22 The bill defines “bodily injury” as physical pain, illness, 23 or any other impairment of physical condition. The bill 24 appropriates $500,000 to the department from the general fund 25 of the state for FY 2020-2021 for such purposes and allows the 26 moneys to carryover for the following fiscal year. 27 PRACTITIONER PREPARATION REQUIREMENTS. Approved 28 practitioner preparation programs must include preparation 29 in developing and implementing individualized education 30 programs and behavioral intervention plans, preparation for 31 educating individuals in the least restrictive environment, 32 and strategies to address difficult and violent student 33 behavior and improve academic engagement and achievement. This 34 provision takes effect July 1, 2021. 35 -14- LSB 5038SZ (3) 88 kh/jh 14/ 19

S.F. 2360 THERAPEUTIC CLASSROOM INCENTIVE GRANT AND FUND. A school 1 district, which may collaborate and partner with one or 2 more school districts, area education agencies, accredited 3 nonpublic schools, nonprofit agencies, and institutions that 4 provide children’s mental health services, located in mental 5 health and disability services regions providing children’s 6 behavioral health services, may apply for a grant to establish 7 a therapeutic classroom in the school district. 8 The department is directed to develop a grant application 9 and selection and evaluation criteria, and to give priority to 10 grant applications submitted by school districts located in 11 regions providing children’s behavioral health services, with 12 highest priority to those proposing to serve the most students. 13 If state, federal, or private moneys deposited in the 14 therapeutic classroom incentive fund are sufficient, the 15 department of education may issue grants to school districts 16 for the establishment of therapeutic classrooms. The bill 17 appropriates $1,582,650 to the fund. Grant moneys shall be 18 distributed after December 31 but before the start of the 19 school calendar for start-up costs for a new therapeutic 20 classroom in the fall semester. 21 The total amount of funding awarded for the establishment 22 of therapeutic classrooms for a fiscal year shall not exceed 23 an amount equivalent to the state cost per pupil multiplied by 24 weighting of 1.5 pupils calculated for 150 pupils. 25 The therapeutic classroom incentive fund is established 26 in the state treasury under the control of the department of 27 education. The department may accept gifts, grants, bequests, 28 and other private contributions, as well as state or federal 29 moneys, for deposit in the fund. 30 Placement of a child requiring special education in such a 31 classroom is subject to the state board’s rules and to federal 32 law. The bill defines “therapeutic classroom”. Provisions 33 relating to the therapeutic classroom incentive grant and fund 34 take effect upon enactment. 35 -15- LSB 5038SZ (3) 88 kh/jh 15/ 19

S.F. 2360 If the general assembly appropriates moneys for such 1 purposes, a school district may submit a claim for 2 reimbursement for transportation services for students who are 3 enrolled in the school district or in an accredited nonpublic 4 school located within the boundaries of the school district, 5 who have not been assigned a weighting under Code section 6 256B.9, but who are assigned to a therapeutic classroom that 7 is located more than 30 miles from the school designated for 8 attendance or accredited nonpublic school and is operated 9 by another school district or accredited nonpublic school 10 under an agreement between the school districts or between a 11 school district and an accredited nonpublic school. The bill 12 appropriates $500,000 from the general fund of the state to the 13 department of education for the transportation reimbursement 14 claims, allows the moneys to carryover to the following fiscal 15 year, and establishes conditions for which the department must 16 prorate the amount of claims reimbursement. Such claims shall 17 include the number of eligible pupils transported, the number 18 of days each pupil was transported, and a listing of the actual 19 costs incurred. On or before December 1, 2022, the department 20 shall review the data collected through the claims process 21 and shall prepare and submit to the general assembly a report 22 containing an analysis of the efficacy of claims reimbursement 23 and recommendations for changes as appropriate. 24 A school district that provides a therapeutic classroom 25 to students enrolled in a school district or an accredited 26 nonpublic school may submit claims to the department for 27 students assigned to such a classroom during the preceding 28 school budget year who are not assigned a weighting under Code 29 section 256B.9, subsection 1, paragraph “b”, “c”, or “d”, and 30 for whom behavioral intervention plans have been implemented. 31 The bill includes a formula for determining the amount of the 32 claim. The bill provides, for each fiscal year beginning on 33 or after July 1, 2021, an appropriation from the general fund 34 of the state to the department an amount necessary to pay all 35 -16- LSB 5038SZ (3) 88 kh/jh 16/ 19

S.F. 2360 approved claims. 1 An accredited nonpublic school pupil shall be enrolled in a 2 school district as a shared-time pupil for the school district 3 to be eligible to submit such claims. 4 The bill directs the department to draw warrants payable to 5 school districts for such claims by July 1. 6 The bill makes conforming changes relating to state 7 assistance to school districts for transportation costs. 8 BOARD OF EDUCATIONAL EXAMINERS. The bill requires the 9 board of educational examiners to address, in its code 10 of professional rights and responsibilities, practices, 11 and ethics, the failure of an administrator to address 12 appropriately reports of violence and assault reported pursuant 13 to Code section 279.51A. 14 CLASSROOM CLEAR REQUIREMENTS. Though an IEP developed 15 for a child requiring special education and a behavioral 16 intervention plan implemented for a child shall not include 17 provision for clearing all other students out of the regular 18 classroom in order to calm the child, a classroom teacher 19 may clear students from a classroom if a student’s behavior 20 presents an immediate danger to the health or safety of persons 21 in the classroom. If a teacher clears a classroom in such a 22 situation, the school principal must, by the end of the school 23 day optimally or at least within 24 hours of the incident, 24 notify the parents or guardians of all students assigned to 25 the classroom of the action taken to clear the classroom. The 26 notification shall not identify the student. The principal of 27 the school shall request that the parent or guardian of the 28 student whose behavior caused the classroom clearance meet 29 with the principal, the classroom teacher, and other staff as 30 appropriate. 31 If the student has an IEP, the classroom teacher may call 32 for and be included in a review and potential revision of the 33 student’s IEP or by the student’s IEP team. 34 A classroom teacher must report any incident of violence or 35 -17- LSB 5038SZ (3) 88 kh/jh 17/ 19

S.F. 2360 assault by a student to the principal. 1 REPORTS OF INSTANCES OF VIOLENCE OR ASSAULT. Each school 2 district shall report to the department of education, in a 3 manner prescribed by the department, an annual count of all 4 instances of violence or assault by a student in a school 5 building, on school grounds, or at a school-sponsored function, 6 and any time a student is referred for the use of or transfer to 7 a therapeutic classroom. The bill describes the information 8 the report must include, and requires that the department 9 summarize the reports and submit the summary to the general 10 assembly by November 1 annually. A teacher or administrator 11 who submits such a report and meets certain statutory 12 requirements is immune from civil or criminal liability and 13 reprisals against such teacher or administrator are prohibited. 14 Personal information regarding a student in such a report is 15 confidential. 16 CORPORAL PUNISHMENT. The bill also adds to exemptions under 17 the statutory provisions relating to corporal punishment of a 18 student, provides circumstances under which a school employee 19 shall be granted immunity from civil and criminal liability, 20 and immunity from disciplinary action by the employer or the 21 board of educational examiners, which results from reasonable 22 and necessary physical contact with a student, and establishes 23 an evidentiary standard for a disciplinary action. 24 Currently, if an employee’s physical contact with the body 25 of a student meets current statutory requirements and is 26 reasonable and necessary under the circumstances, the physical 27 contact shall not be considered corporal punishment. 28 To the current circumstances under which a school employee 29 shall be granted immunity, the bill adds relocating a student 30 who is causing a severe distraction or disturbance that is 31 detracting from the educational experience of other students. 32 To prevail in a disciplinary action alleging violation of 33 the corporal punishment provisions or a related school policy, 34 the bill provides that the party bringing the action must prove 35 -18- LSB 5038SZ (3) 88 kh/jh 18/ 19