S.F. 2044 Section 1. Section 280.21, subsection 3, Code 2022, is 1 amended to read as follows: 2 3. To prevail in a civil action alleging a violation 3 of this section , the party bringing the action shall prove 4 the violation by clear and convincing evidence. Any school 5 employee determined in a civil action to have been wrongfully 6 accused under this section shall be awarded reasonable 7 attorney fees and reasonable monetary damages, in light of the 8 circumstances involved, against the party bringing the action. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to school employees who are determined to 13 have been wrongfully accused of inflicting corporal punishment 14 upon a student. 15 Under current law, an employee of a public school district, 16 accredited nonpublic school, or area education agency is 17 prohibited from inflicting corporal punishment upon a student. 18 Current law provides exceptions to this prohibition, including 19 an exception for physical contact with a student that is 20 reasonable and necessary under the circumstances and is not 21 designed or intended to cause pain. Current law authorizes 22 any school employee determined to have been wrongfully accused 23 of inflicting corporal punishment to be awarded reasonable 24 monetary damages, in light of the circumstances involved, 25 against the party bringing the action. The bill authorizes 26 any school employee determined in a civil action to have been 27 wrongfully accused of inflicting corporal punishment to also be 28 awarded reasonable attorney fees. 29 -1- LSB 5146XS (1) 89 jda/jh 1/ 1