H.F. 2122 Section 1. Section 256E.7, subsection 2, Code 2026, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0n. Be subject to and comply with the 3 requirements of section 279.65B relating to the discipline of 4 students who exhibit disorderly conduct in the classroom in the 5 same manner as a school district. 6 Sec. 2. Section 256F.4, subsection 2, Code 2026, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . v. Be subject to and comply with the 9 requirements of section 279.65B relating to the discipline of 10 students who exhibit disorderly conduct in the classroom in the 11 same manner as a school district. 12 Sec. 3. Section 279.65A, subsection 3, Code 2026, is amended 13 to read as follows: 14 3. The policies must be consistent with the all of the 15 following: 16 a. The provisions of chapter 256B , and the administrative 17 rules adopted by the state board for purposes of chapter 256B , 18 the . 19 b. The federal Individuals with Disabilities Education Act, 20 20 U.S.C. §1400 et seq. , and the 21 c. The federal Rehabilitation Act of 1973, as amended and 22 codified in 29 U.S.C. §701 et seq. 23 d. Section 279.65B. 24 Sec. 4. NEW SECTION . 279.65B Discipline of students for 25 disorderly conduct. 26 1. As used in this section: 27 a. “Disorderly conduct” means intentional conduct to which 28 any of the following applies: 29 (1) Constitutes violent behavior or a threat of violent 30 behavior. 31 (2) Disrupts, disturbs, or interferes with any services 32 provided by the school district. 33 (3) Disturbs the peace, order, or discipline within the 34 classroom. 35 -1- LSB 5471YH (3) 91 jda/jh 1/ 8

H.F. 2122 b. “Principal” means the same as defined in section 256.145. 1 “Principal” includes all of the following: 2 (1) An assistant principal. 3 (2) A vice principal. 4 (3) An administrator who is responsible for the day-to-day 5 operations of an attendance center. 6 c. “Teacher” means the same as defined in section 256.145. 7 2. a. A teacher may exclude from the teacher’s classroom 8 and place under the supervision of the principal any student 9 who does any of the following while in the teacher’s classroom: 10 (1) Engages in disorderly conduct. 11 (2) Threatens, abuses, intimidates, or attempts to 12 intimidate another student or any school employee. 13 (3) Uses abusive or profane language. 14 b. (1) A student who is enrolled in kindergarten through 15 grade five, and who was excluded from a teacher’s classroom 16 pursuant to paragraph “a” , shall not be readmitted to the 17 teacher’s classroom until after the principal provides written 18 notice to the teacher indicating that the student will be 19 readmitted. 20 (2) A student who is enrolled in grades six through twelve, 21 and who was excluded from a teacher’s classroom pursuant 22 to paragraph “a” , shall not be readmitted to the teacher’s 23 classroom until after the principal provides written notice to 24 the teacher indicating that the student will be readmitted. 25 Such student shall not be readmitted to the teacher’s classroom 26 until, at the earliest, the immediately subsequent school day. 27 3. a. If the principal determines that disciplinary 28 action should be taken against a student who was excluded 29 from a teacher’s classroom pursuant to subsection 2, then the 30 principal shall do all of the following: 31 (1) Take such disciplinary action. 32 (2) Provide written and, if possible, electronic notice of 33 such disciplinary action to the student’s parent or guardian. 34 b. (1) If a student was excluded from a teacher’s classroom 35 -2- LSB 5471YH (3) 91 jda/jh 2/ 8

H.F. 2122 for the remainder of a school day pursuant to subsection 2 1 three times in any thirty-day period, then the principal shall 2 discipline the student by doing any of the following: 3 (a) Assigning the student to either in-school or 4 out-of-school suspension. 5 (b) Recommending to the superintendent that the student be 6 placed in an alternative learning environment that has been 7 approved by the superintendent. 8 (2) If a student was excluded from a teacher’s classroom 9 pursuant to subsection 2 because the student’s conduct, 10 statements, or other actions were severe or pervasive, and, 11 if requested by the teacher, then the principal shall impose 12 the maximum amount of punishment applicable to such conduct, 13 statements, or other actions as provided in policies adopted 14 by the board of directors of the school district, including 15 placing the student in an alternative learning environment that 16 has been approved by the superintendent. 17 4. a. A teacher may appeal all of the following to the 18 board of directors of the school district: 19 (1) A principal’s refusal to allow the teacher to exclude a 20 student from the teacher’s classroom pursuant to subsection 2, 21 paragraph “a” . 22 (2) A principal’s readmission of a student to the teacher’s 23 classroom prior to the time such student should have been 24 readmitted pursuant to subsection 2, paragraph “b” . 25 b. The board of directors of a school district shall not 26 take any disciplinary action against a teacher for exercising 27 the teacher’s appeal rights described in paragraph “a” . For 28 purposes of this paragraph, “disciplinary action” includes 29 termination of employment or the contractual relationship, 30 suspension from employment, demotion, financial penalties, 31 failing to take action regarding a teacher’s promotion 32 or proposed promotion, failing to provide an advantage in 33 employment or the contractual relationship, and written or 34 verbal reprimands. 35 -3- LSB 5471YH (3) 91 jda/jh 3/ 8

H.F. 2122 c. All of the following shall apply if the board of 1 directors of a school district violates paragraph “b” : 2 (1) The teacher may enforce the teacher’s rights under this 3 section through a civil action. 4 (2) The board of directors of the school district is liable 5 to the aggrieved teacher for affirmative relief including 6 reinstatement, with or without back pay, civil damages in an 7 amount not to exceed three times the annual wages and benefits 8 received by the aggrieved teacher prior to the violation of 9 paragraph “b” , and any other equitable relief the court deems 10 appropriate, including attorney fees and costs. 11 (3) When the board of directors of a school district 12 commits, is committing, or proposes to commit an act in 13 violation of paragraph “b” , an injunction may be granted through 14 an action in district court to prohibit the board of directors 15 of the school district from continuing such acts. The action 16 for injunctive relief may be brought by an aggrieved teacher, 17 the county attorney, or the person providing human resource 18 management for the board of directors of the school district. 19 5. A school district employee shall be granted immunity 20 from any civil or criminal liability which might otherwise 21 be incurred or imposed as a result of physical contact that 22 occurs when the employee is addressing a student’s conduct, 23 statements, or other actions for which the student could be 24 excluded from a teacher’s classroom pursuant to subsection 2 if 25 the physical contact complies with section 280.21, subsection 26 2. 27 6. If a teacher faces legal action, disciplinary action, 28 or professional sanctions for an action the teacher takes 29 under the teacher’s approved classroom management plan, there 30 shall be a rebuttable presumption in such proceeding that the 31 teacher’s action was necessary to restore and maintain the 32 safety or instruction atmosphere of the teacher’s classroom. 33 7. The board of directors of a school district shall 34 immediately grant a teacher a leave of absence for physical and 35 -4- LSB 5471YH (3) 91 jda/jh 4/ 8

H.F. 2122 mental recovery with full pay for at least five days if the 1 teacher is injured due to a student’s disorderly conduct. 2 8. Each principal shall carry out the principal’s 3 responsibilities under this section in an expeditious manner, 4 and shall do all of the following in an expeditious manner: 5 a. Carry out all manifestation determination review 6 meetings, as required under section 504 of the federal 7 Rehabilitation Act, 29 U.S.C. §794. 8 b. Impose the appropriate amount of punishment in accordance 9 with policies adopted by the board of directors of the school 10 district and federal law. 11 c. Perform functional behavior assessments as needed. 12 d. Adjust behavioral intervention plans as needed. 13 9. This section shall not be construed to do any of the 14 following: 15 a. Infringe on any right provided to any student under 16 federal law, including but not limited to all of the following: 17 (1) Section 504 of the federal Rehabilitation Act, 29 U.S.C. 18 §794. 19 (2) The federal Individuals with Disabilities Education 20 Act, 20 U.S.C. §1400 et seq. 21 (3) The federal Family Educational Rights and Privacy Act, 22 20 U.S.C. §1232g. 23 (4) The federal Americans with Disabilities Act of 1990, 42 24 U.S.C. §12101 et seq. 25 b. Supersede, abrogate, or preempt any federal law, rule, 26 or regulation. 27 c. Relieve any person from any duties, obligations, or 28 requirements imposed by federal law. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to the discipline of students who exhibit 33 disorderly conduct in the classroom and who are enrolled in 34 school districts, charter schools, or innovation zone schools. 35 -5- LSB 5471YH (3) 91 jda/jh 5/ 8

H.F. 2122 The bill authorizes a teacher to exclude from the teacher’s 1 classroom and place under the supervision of the principal 2 any student who, while in the teacher’s classroom, engages in 3 disorderly conduct; threatens, abuses, intimidates, or attempts 4 to intimidate another student or any school employee; or uses 5 abusive or profane language. A student who is enrolled in 6 kindergarten through grade five, and who was excluded from a 7 teacher’s classroom, shall not be readmitted to the teacher’s 8 classroom until after the principal provides written notice to 9 the teacher indicating that the student will be readmitted. A 10 student who is enrolled in grades 6 through 12, and who was 11 excluded from a teacher’s classroom, shall not be readmitted 12 to the teacher’s classroom until after the principal provides 13 written notice to the teacher indicating that the student will 14 be readmitted, and such student shall not be readmitted to the 15 teacher’s classroom until, at the earliest, the immediately 16 subsequent school day. 17 The bill provides that if the principal determines that 18 disciplinary action should be taken against a student who was 19 excluded from a teacher’s classroom pursuant to the bill’s 20 provisions, then the principal is required to take such 21 disciplinary action and provide notice of such disciplinary 22 action to the student’s parent or guardian. If a student 23 was excluded from a teacher’s classroom for the remainder 24 of a school day three times in any 30-day period, then the 25 principal is required to discipline the student by either 26 assigning the student to in-school or out-of-school suspension 27 or recommending to the superintendent that the student be 28 placed in an alternative learning environment that has been 29 approved by the superintendent. In addition, if a student 30 was excluded from a teacher’s classroom because the student’s 31 conduct, statements, or other actions were severe or pervasive, 32 then, if requested by the teacher, the principal shall impose 33 the maximum amount of punishment applicable to such conduct, 34 statements, or other actions as provided in policies adopted by 35 -6- LSB 5471YH (3) 91 jda/jh 6/ 8

H.F. 2122 the board of directors of the school district or the governing 1 board of the charter school or innovation zone school. 2 The bill authorizes a teacher to appeal a principal’s 3 refusal to allow the teacher to exclude a student from the 4 teacher’s classroom, and a principal’s readmission of a 5 student to a teacher’s classroom prior to the time such student 6 should have been readmitted, to the board of directors of 7 the school district or the governing board of the charter 8 school or innovation zone school. The bill prohibits the 9 board of directors of a school district or the governing board 10 of a charter school or innovation zone school from taking 11 any disciplinary action against a teacher for exercising 12 the teacher’s appeal rights provided in the bill. The bill 13 establishes enforcement mechanisms in the event the board 14 of directors of the school district or the governing board 15 of the charter school or innovation zone school does take 16 a disciplinary action against a teacher for exercising the 17 teacher’s appeal rights provided in the bill. 18 The bill grants school district, charter school, and 19 innovation zone school employees immunity from any civil or 20 criminal liability which might otherwise be incurred or imposed 21 as a result of physical contact that occurs when the employee 22 is addressing a student’s conduct, statements, or other actions 23 for which the student could be excluded from a teacher’s 24 classroom if the physical contact complies with Code section 25 280.21(2) (corporal punishment —— burden of proof). 26 The bill provides that if a teacher faces legal action, 27 disciplinary action, or professional sanctions for an action 28 the teacher takes under the teacher’s approved classroom 29 management plan, there shall be a rebuttable presumption in 30 such proceeding that the teacher’s action was necessary to 31 restore and maintain the safety or instruction atmosphere of 32 the teacher’s classroom. 33 The bill requires the board of directors of a school district 34 and the governing board of a charter school or innovation zone 35 -7- LSB 5471YH (3) 91 jda/jh 7/ 8

H.F. 2122 school to immediately grant a teacher a leave of absence for 1 physical and mental recovery with full pay for at least five 2 days if the teacher is injured due to a student’s disorderly 3 conduct. 4 The bill requires a principal to carry out the principal’s 5 responsibilities under the bill’s provisions in an expeditious 6 manner and to carry out other specified responsibilities in an 7 expeditious manner. 8 The bill requires the policies adopted by the board of 9 directors of each school district and the governing board 10 of each charter school pursuant to Code section 279.65A 11 (discipline of students who make threats of violence or 12 cause incidents of violence) to be consistent with the bill’s 13 provisions. 14 The bill defines “disorderly conduct”, “principal”, and 15 “teacher”. 16 -8- LSB 5471YH (3) 91 jda/jh 8/ 8