Senate File 149 - Introduced SENATE FILE 149 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1005) A BILL FOR An Act relating to civil actions associated with permissible 1 physical contact between certain specified school employees 2 or volunteers and students, including civil and criminal 3 immunity, monetary damages, and attorney fees. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1055SV (1) 90 jda/jh

S.F. 149 Section 1. Section 280.21, subsection 1, Code 2023, is 1 amended to read as follows: 2 1. An employee or volunteer of a public school district, 3 accredited nonpublic school, charter school, or area education 4 agency shall not inflict, or cause to be inflicted, corporal 5 punishment upon a student. For purposes of this section , 6 “corporal punishment” means the intentional physical punishment 7 of a student. An employee’s or volunteer’s physical contact 8 with the body of a student shall not be considered corporal 9 punishment if it the contact is reasonable and necessary under 10 the circumstances and is not designed or intended to cause 11 pain or if the employee or volunteer uses reasonable force, as 12 defined under section 704.1 , for the protection of the employee 13 or volunteer , the student, or other students; to obtain the 14 possession of a weapon or other dangerous object within a 15 student’s control; or for the protection of property. The 16 department of education shall adopt rules to implement this 17 section . 18 Sec. 2. Section 280.21, subsection 2, unnumbered paragraph 19 1, Code 2023, is amended to read as follows: 20 A school employee who, in the reasonable course of the 21 employee’s employment responsibilities, or a school volunteer 22 who, in the reasonable course of the school volunteer’s 23 volunteer responsibilities, comes into physical contact with a 24 student shall be granted immunity from any civil or criminal 25 liability which might otherwise be incurred or imposed as a 26 result of such physical contact, if the physical contact is 27 reasonable under the circumstances and involves any of the 28 following: 29 Sec. 3. Section 280.21, subsection 2, paragraphs b and d, 30 Code 2023, are amended to read as follows: 31 b. Protecting the employee, the volunteer, student, or other 32 students. 33 d. Protecting employee, volunteer, student, or school 34 property. 35 -1- LSB 1055SV (1) 90 jda/jh 1/ 4

S.F. 149 Sec. 4. Section 280.21, Code 2023, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 2A. If a school employee or school 3 volunteer is granted immunity from any civil or criminal 4 liability as provided in subsection 2, the school district, 5 board of directors of the school district, accredited nonpublic 6 school, authorities in charge of the accredited nonpublic 7 school, charter school, governing board in charge of the 8 charter school, area education agency, or board of directors 9 of the area education agency shall also be granted immunity 10 from any civil or criminal liability to the same extent as the 11 school employee or school volunteer. 12 Sec. 5. Section 280.21, subsection 3, Code 2023, is amended 13 to read as follows: 14 3. To prevail in a civil action alleging a violation 15 of this section , the party bringing the action shall prove 16 the violation by clear and convincing evidence. Any school 17 employee , school volunteer, school district, board of directors 18 of a school district, accredited nonpublic school, authorities 19 in charge of an accredited nonpublic school, charter school, 20 governing board in charge of the charter school, area education 21 agency, or board of directors of an area education agency 22 determined in a civil action to have been wrongfully accused 23 under this section shall be awarded reasonable monetary 24 damages, including attorney fees, in light of the circumstances 25 involved, against the party bringing the action. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to civil actions associated with 30 permissible physical contact between certain specified school 31 employees or volunteers and students, including civil and 32 criminal immunity, monetary damages, and attorney fees. 33 Current law governing corporal punishment in schools 34 prohibits an employee of a public school district, accredited 35 -2- LSB 1055SV (1) 90 jda/jh 2/ 4

S.F. 149 nonpublic school, or area education agency from inflicting 1 corporal punishment upon a student. “Corporal punishment” is 2 defined as the intentional physical punishment of a student. 3 Current law specifies circumstances in which an employee’s 4 physical contact with the body of a student shall not be 5 considered corporal punishment. Current law also provides 6 that a school employee who, in the reasonable course of the 7 employee’s employment responsibilities, comes into physical 8 contact with a student shall be granted immunity from any 9 civil or criminal liability which might otherwise be incurred 10 or imposed as a result of such physical contact, if the 11 physical contact is reasonable under the circumstances and 12 involves various specified acts. This bill applies the same 13 prohibitions, responsibilities, and immunity to a school 14 volunteer and to a charter school employee. 15 The bill provides that if a school employee or school 16 volunteer is granted immunity from any civil or criminal 17 liability in this way, the school district, board of 18 directors of the school district, accredited nonpublic school, 19 authorities in charge of the accredited nonpublic school, 20 charter school, governing board in charge of the charter 21 school, area education agency, or board of directors of an area 22 education agency shall also be granted immunity from any civil 23 or criminal liability to the same extent as the school employee 24 or school volunteer. 25 Current law provides that any school employee determined in 26 a civil action to have been wrongfully accused of violating 27 state law on corporal punishment in schools shall be awarded 28 reasonable monetary damages, in light of the circumstances 29 involved, against the party bringing the action. The bill 30 applies this provision to a school volunteer, the school 31 district, board of directors of the school district, accredited 32 nonpublic school, authorities in charge of the accredited 33 nonpublic school, charter school, governing board in charge 34 of the charter school, area education agency, or board of 35 -3- LSB 1055SV (1) 90 jda/jh 3/ 4

S.F. 149 directors of an area education agency as well. The bill 1 provides that reasonable monetary damages include attorney 2 fees. 3 -4- LSB 1055SV (1) 90 jda/jh 4/ 4