HSB 206 (LSB 2259YC (1) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON WHEELER)

A BILL FOR

An Act relating to education, including authorizing the ombudsman to investigate complaints received by individuals who hold a license, certificate, authorization, or statement of recognition issued by the board of educational examiners, modifying the responsibilities of school districts, accredited nonpublic schools, and charter schools, and authorizing teachers employed by school districts, accredited nonpublic schools, or charter schools to remove disruptive students from the classroom.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 2C.9, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  Investigate, on complaint, any complaint received by an individual who holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners related to violence in the classroom, on school property, and any other violations of state law. The ombudsman shall maintain secrecy in respect to the identities of the complainants.
    Sec. 2.  Section 256E.7, subsection 2, Code 2023, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0j.  Be subject to and comply with the requirements of section 280.33 relating to notifications to the parents or guardians of a student in the event a classroom teacher witnesses the student suffer a bodily injury in the same manner as a school district.
   NEW PARAGRAPH.  00j.  Be subject to and comply with the requirements of section 280.34 relating to prohibiting retaliation against employees or contractors for disclosing certain specified information in the same manner as a school district.
   NEW PARAGRAPH.  000j.  Be subject to and comply with the requirements of section 280.35 relating to the removal of disruptive students from the classroom in the same manner as a school district.
    Sec. 3.  NEW SECTION.  279.77  Professional development —— notification.
   If a school district requires an employee to participate in a particular professional development program, the school district shall provide notice to the employee indicating the section of the Code, or rules adopted by the state board of education or the board of educational examiners, the school district determines requires the employee to participate in the professional development program. For purposes of this section, “professional development program” means the same as defined in section 272.1.
    Sec. 4.  Section 280.21, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  A public school district, accredited nonpublic school, or area education agency shall provide to all teachers employed by the public school district, accredited nonpublic school, or area education agency a copy of this section after entering into an initial contract with the teacher and each time the contract is renewed.
    Sec. 5.  NEW SECTION.  280.33  Notice to parents or guardians related to student injuries.
   A teacher employed by a school district or an accredited nonpublic school shall notify the parent or guardian of a student enrolled in the school district or accredited nonpublic school by telephonic means within twenty-four hours after the teacher witnesses the student suffer a bodily injury.
    Sec. 6.  NEW SECTION.  280.34  Retaliation prohibition.
   The board of directors of a school district or the authorities in charge of an accredited nonpublic school shall not take any disciplinary action against an employee or contractor of the school district or accredited nonpublic school for disclosing information to any public official or law enforcement agency, including a disclosure to the ombudsman pursuant to section 2C.9, subsection 2A, if the employee or contractor reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety. For purposes of this section, “disciplinary action” includes termination of employment or the contractual relationship, suspension from employment, demotion, financial penalties, and written or verbal reprimands.
    Sec. 7.  NEW SECTION.  280.35  Removal of disruptive students from the classroom.
   1.  As used in this section:
   a.  “Administrator” means the same as defined in section 272.1.
   b.  “School resource officer” means the same as defined in 34 U.S.C. §10389.
   c.  “Teacher” means the same as defined in section 272.1.
   2.  A teacher employed by a school district or an accredited nonpublic school may remove a disruptive student from the classroom under the supervision of a school resource officer or the lead administrator located in the attendance center.
   3.  a.  The first time a teacher removes a disruptive student from the classroom pursuant to subsection 2 in a semester, or the trimester or quarter equivalent, the school district or accredited nonpublic school shall do all of the following:
   (1)  Facilitate a counseling session between the student and a school counselor licensed by the board of educational examiners under chapter 272.
   (2)  Place the student in one day of in-school suspension after the counseling session described in subparagraph (1) takes place.
   b.  The second time a teacher removes a disruptive student from the classroom pursuant to subsection 2 in a semester, or the trimester or quarter equivalent, the school district or accredited nonpublic school shall do all of the following:
   (1)  Facilitate a counseling session between the student and a school counselor licensed by the board of educational examiners under chapter 272.
   (2)  Place the student in five consecutive school days of in-school suspension after the counseling session described in subparagraph (1) takes place.
   c.  The third time a teacher removes a disruptive student from the classroom pursuant to subsection 2 in a school year, the school district or accredited nonpublic school shall permanently expel the student from the teacher’s class and, if the student is enrolled in grades nine through twelve, the student shall not receive high school credit for the class.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to education, including authorizing the ombudsman to investigate complaints received by individuals who hold a license, certificate, authorization, or statement of recognition issued by the board of educational examiners, modifying the responsibilities of school districts, accredited nonpublic schools, and charter schools, and authorizing teachers employed by school districts, accredited nonpublic schools, or charter schools to remove disruptive students from the classroom.
   The bill allows the ombudsman to investigate any complaint received by an individual who holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners (BOEE) related to violence in the classroom, on school property, and any other violations of state law. The ombudsman must maintain secrecy in respect to the identities of the complainants.
   The bill provides that if a school district requires an employee to participate in a particular professional development program, the school district is required to provide notice to the employee indicating the section of the Code, or rules adopted by the state board of education or the BOEE, that the school district determines requires the employee to participate in the professional development program.
   Pursuant to Code section 280.21, an employee of a school district, accredited nonpublic school, or area education agency is prohibited from inflicting corporal punishment upon a student. Code section 280.21 provides that physical contact with a student that is reasonable and necessary under the circumstances and that is not designed or intended to cause pain is not corporal punishment. The bill requires school districts, accredited nonpublic schools, and area education agencies to provide to all teachers a copy of Code section 280.21 after entering into an initial contract with the teacher and each time the contract is renewed.
   The bill requires a teacher employed by a school district, accredited nonpublic school, or charter school to notify the parent or guardian of a student enrolled in the school by telephonic means within 24 hours after the teacher witnesses the student suffer a bodily injury.
   The bill prohibits school districts, accredited nonpublic schools, and charter schools from taking any disciplinary action against an employee or a contractor for disclosing information to any public official or law enforcement agency if the employee or contractor reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety. “Disciplinary action” includes termination of employment or the contractual relationship, suspension from employment, demotion, financial penalties, and written or verbal reprimands.
   The bill allows a teacher employed by a school district, accredited nonpublic school, or charter school to remove a disruptive student from the classroom under the supervision of a school resource officer or the lead administrator located in the attendance center. The first time a teacher removes a disruptive student from the classroom in a semester the school is required to facilitate a counseling session between the student and a school counselor and place the student in one school day of in-school suspension after the counseling session takes place. The second time a teacher removes a disruptive student from the classroom in a semester the school is required to facilitate a counseling session between the student and a school counselor and place the student in five consecutive school days of in-school suspension after the counseling session takes place. The third time a teacher removes a disruptive student from the classroom in a school year the school is required to permanently expel the student from the teacher’s class and, if the student is enrolled in grades 9 through 12, the student shall not receive high school credit for the class.