Senate File 2182 - Introduced SENATE FILE 2182 BY SINCLAIR A BILL FOR An Act relating to rights of a parent or guardian including 1 rights relating to medical care and education, and providing 2 for a private cause of action. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6092XS (2) 90 pf/ko

S.F. 2182 Section 1. NEW SECTION . 279.84 Parents and guardians —— 1 private cause of action. 2 In addition to any other remedy provided by law, section 3 601.2 relating to a private cause of action by a parent or 4 guardian shall apply to an alleged violation of section 279.50, 5 279.77, 279.78, 279.79, or 279.80. 6 Sec. 2. NEW SECTION . 601.2 Parents and guardians —— private 7 cause of action. 8 1. a. A parent or guardian who alleges the parent’s or 9 guardian’s rights under this chapter, or under section 279.50, 10 279.77, 279.78, 279.79, or 279.80 have been violated may 11 assert such violation as a claim or defense in a judicial 12 or administrative proceeding and obtain appropriate relief, 13 including damages, injunctive relief, or other redress. 14 b. Standing to assert a claim or defense under this section 15 shall be governed by general federal and state doctrines of 16 standing. 17 c. The plaintiff, if the prevailing party, may also recover 18 reasonable attorney fees and costs. 19 2. a. Prior to a parent or guardian filing suit against 20 a school district for an alleged violation of section 279.50, 21 279.77, 279.78, 279.79, or 279.80, the parent or guardian shall 22 submit a written complaint to the local board of directors of 23 the school district detailing the alleged violation. 24 b. The local board of directors of the school district 25 shall have fifty calendar days from receipt of the complaint 26 to determine if a violation has been committed and, if the 27 local board of directors of the school district determines a 28 violation has been committed, to remedy the violation. If the 29 local board of directors of the school district does not remedy 30 the violation in a timely manner, the parent or guardian may 31 file suit against the school district under this section. 32 3. A government entity shall indemnify the entity’s 33 employees for any liability incurred by the employee and for 34 any judgment entered against the employee for claims arising 35 -1- LSB 6092XS (2) 90 pf/ko 1/ 3

S.F. 2182 under this section. A government entity shall not be required 1 to indemnify an employee if the employee was convicted of a 2 crime for the violation from which the claim arises. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to the rights of parents and guardians, and 7 provides a private cause of action. 8 The bill provides for a private cause of action under Code 9 chapter 601 (parents and guardians —— rights). New Code 10 section 601.2 (parents and guardians —— private cause of 11 action) provides that a parent or guardian who alleges the 12 parent’s or guardian’s rights under Code chapter 601 or under 13 Code section 279.50 (human growth and development instruction 14 —— early intervention programs), 279.77 (transparency —— 15 publication of school district information), 279.78 (parental 16 rights in education), 279.79 (surveys —— required parent or 17 guardian consent), or 279.80 (sexual orientation and gender 18 identity —— prohibited instruction) have been violated may 19 assert such violation as a claim or defense in a judicial 20 or administrative proceeding and obtain appropriate relief, 21 including damages, injunctive relief, or other redress. The 22 bill provides that standing to assert a claim or defense shall 23 be governed by general federal and state doctrines of standing, 24 and that a prevailing plaintiff may also recover reasonable 25 attorney fees and costs. Under the bill, prior to a parent 26 or guardian filing suit against a school district for an 27 alleged violation of the specified sections of Code chapter 28 279, the parent or guardian shall submit a written complaint to 29 the school district’s local board of directors detailing the 30 alleged violation. The local board of directors of the school 31 district has 50 calendar days from receipt of the complaint to 32 determine if a violation has been committed and, if the local 33 board of directors determines a violation has been committed, 34 to remedy the violation. If a violation is not remedied in a 35 -2- LSB 6092XS (2) 90 pf/ko 2/ 3

S.F. 2182 timely manner, the parent or guardian may file suit against the 1 school district under the private cause of action provisions. 2 The bill requires that a government entity indemnify the 3 entity’s employees for any liability incurred by the employee 4 and for any judgment entered against the employee for claims 5 arising under the bill. A government entity is not required to 6 indemnify an employee if the employee was convicted of a crime 7 for the conduct from which the claim arises. 8 The bill creates new Code section 279.84 to provide that in 9 addition to any other remedy provided by law, new Code section 10 601.2 relating to a private cause of action by a parent or 11 guardian shall apply to an alleged violation of Code section 12 279.50, 279.77, 279.78, 279.79, or 279.80. 13 -3- LSB 6092XS (2) 90 pf/ko 3/ 3