House File 2420 - Introduced HOUSE FILE 2420 BY THOMSON A BILL FOR An Act relating to education, including by establishing 1 the office of the inspector general for school safety 2 and modifying the duties of school districts, and making 3 appropriations and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6152HH (3) 91 jda/jh
H.F. 2420 Section 1. NEW SECTION . 256J.1 Office of inspector general 1 for school safety established. 2 The office of inspector general for school safety is 3 established to exercise independent investigative and oversight 4 authority over schools. 5 Sec. 2. NEW SECTION . 256J.2 Definitions. 6 As used in this chapter: 7 1. “Administrator” means the same as defined in section 8 256.145. 9 2. “Disciplinary action” means termination of employment 10 or the contractual relationship, suspension from employment, 11 demotion, financial penalties, failing to take action 12 regarding an employee’s or contractor’s promotion or proposed 13 promotion, failing to provide an advantage in employment or the 14 contractual relationship, and written or verbal reprimands. 15 3. “Discipline” means a formal action taken by a school or 16 the board of directors of a school that results in suspension, 17 expulsion, reassignment, or other long-term change in the 18 student’s educational placement and that requires procedural 19 protections under federal or state law. “Discipline” does 20 not include temporary classroom removal when the temporary 21 classroom removal is conducted pursuant to school policy and 22 state law. 23 4. “Material school safety incident” means an occurrence 24 presenting an objectively reasonable risk of serious physical 25 harm or death on school property or at a school-sponsored 26 event, including all of the following: 27 a. Serious school safety failures. 28 b. Systemic risks. 29 c. Administrative noncompliance related to federal and state 30 school safety requirements. 31 5. “Reasonable justification” includes but is not limited 32 to all of the following: 33 a. Immediate medical response. 34 b. Imminent safety stabilization. 35 -1- LSB 6152HH (3) 91 jda/jh 1/ 17
H.F. 2420 c. Reliance on an internal reporting chain that the 1 employee, contractor, volunteer, or school resource officer 2 reasonably believed would satisfy the requirements of this 3 chapter. 4 6. “School” means a school district as described in chapter 5 274. 6 7. “School resource officer” means the same as defined in 7 34 U.S.C. §10389. 8 8. “Teacher” means the same as defined in section 256.145. 9 9. “Temporary classroom removal” means the immediate removal 10 of a student from a classroom or instructional setting by a 11 teacher or administrator for reasons of safety or material 12 disruption, pending further review. 13 Sec. 3. NEW SECTION . 256J.3 Inspector general for school 14 safety —— appointment —— salary —— removal. 15 1. The inspector general for school safety shall be the head 16 of the office of inspector general for school safety. 17 2. a. The governor shall appoint the inspector general 18 for school safety subject to confirmation by the senate. The 19 inspector general for school safety must have substantial 20 professional experience in any one of the following fields: 21 (1) Law. 22 (2) Auditing or compliance. 23 (3) Law enforcement. 24 (4) Regulatory or governmental investigations. 25 b. The term of office for the inspector general for school 26 safety is six years beginning and ending as provided in section 27 69.19. 28 c. The governor may reappoint an individual to serve as the 29 inspector general for school safety. 30 3. The salary of the inspector general for school safety 31 shall be fixed by the governor. 32 4. a. The inspector general for school safety may be 33 removed by the governor for inefficiency, neglect of duty, or 34 malfeasance in office, subject to the requirements established 35 -2- LSB 6152HH (3) 91 jda/jh 2/ 17
H.F. 2420 in this subsection. 1 b. The governor must provide to the senate standing 2 committee on government oversight a written notice describing 3 the rationale for removal that includes case-specific findings 4 not less than thirty days prior to the effective date of 5 removal. 6 c. Judicial review of the governor’s removal of the 7 inspector general for school safety is limited to whether the 8 removal was supported by a facially sufficient statement of 9 cause and complied with procedural requirements. Proceedings 10 for judicial review shall be instituted by filing a petition in 11 Polk county district court. The supreme court shall prescribe 12 rules to expedite the resolution of appeals from orders entered 13 by the Polk county district court pursuant to this paragraph. 14 Sec. 4. NEW SECTION . 256J.4 Duties and powers of inspector 15 general for school safety. 16 1. The inspector general for school safety shall do all of 17 the following: 18 a. Investigate reports that involve any of the following: 19 (1) Physical assaults or attempted assaults on school 20 property or at a school-sponsored event that result in bodily 21 injury requiring professional medical attention. 22 (2) Credible threats of violence against a student enrolled 23 in a school, or an employee of a school, that require law 24 enforcement notification. 25 (3) Possession of a dangerous weapon by a student enrolled 26 in a school on school property or at a school-sponsored event. 27 (4) A credible attempt by a student enrolled in a school to 28 do any of the following: 29 (a) Possess a dangerous weapon on school property or at a 30 school-sponsored event. 31 (b) Introduce a dangerous weapon onto school property or 32 into a school-sponsored event. 33 (5) School-wide or school attendance center-wide lockdowns 34 that last longer than fifteen minutes or that require law 35 -3- LSB 6152HH (3) 91 jda/jh 3/ 17
H.F. 2420 enforcement intervention. 1 b. In carrying out the inspector general for school safety’s 2 duties and powers, comply with all applicable federal and state 3 law, including all of the following: 4 (1) The federal Individuals with Disabilities Education 5 Act, 20 U.S.C. §1400 et seq. 6 (2) Section 504 of the federal Rehabilitation Act of 1973, 7 29 U.S.C. §794. 8 (3) The federal Americans with Disabilities Act of 1990, 42 9 U.S.C. §12101 et seq. 10 (4) The federal Family Educational Rights and Privacy Act, 11 20 U.S.C. §1232g. 12 2. The inspector general for school safety may do all of the 13 following: 14 a. Employ personnel, including investigators, auditors, 15 attorneys, and administrative staff, and assign duties and 16 responsibilities of the office of inspector general for school 17 safety. 18 b. Investigate material school safety incidents. This 19 paragraph shall not be construed to authorize the inspector 20 general for school safety to investigate any of the following: 21 (1) Routine school disciplinary matters. 22 (2) Curriculum. 23 (3) Instructional methods. 24 (4) Pedagogical judgments. 25 c. Administratively close, or decline to investigate, 26 matters that the inspector general for school safety determines 27 are demonstrably trivial or fully mitigated within twenty-four 28 hours without recurrence. 29 d. Issue subpoenas of all kinds for nonprivileged documents, 30 records, footage, and testimony. If a witness either fails 31 or refuses to obey a subpoena issued by the inspector general 32 for school safety, the inspector general for school safety may 33 petition the district court having jurisdiction for an order 34 directing obedience to the subpoena. If the court finds that 35 -4- LSB 6152HH (3) 91 jda/jh 4/ 17
H.F. 2420 the subpoena should be obeyed, the court shall enter an order 1 requiring obedience to the subpoena, and refusal to obey the 2 court order is subject to punishment for contempt. 3 e. (1) Upon the completion of an investigation, issue 4 corrective directives that are binding on schools. A 5 corrective directive may require a school to take measures that 6 are reasonably necessary to remediate a specific safety risk, 7 including but not limited to any of the following: 8 (a) Development or revision of safety plans, including 9 high-quality school building emergency operations plans 10 developed pursuant to section 280.30. 11 (b) Development or revision of employee training schedules. 12 (c) Policy, procedural, or organizational changes, 13 including revisions to job descriptions and supervisory 14 structures that are limited to addressing the specific safety 15 risk. 16 (2) (a) A corrective directive issued pursuant to this 17 paragraph is subject to administrative appeal to the department 18 of inspections, appeals, and licensing. The inspector general 19 for school safety shall provide a school with written notice 20 of the allegations and evidence at least ten days prior to the 21 administrative proceeding. A school may be represented by 22 counsel during the administrative proceeding and may present 23 evidence and cross-examine witnesses. 24 (b) The administrative law judges employed by the 25 department of inspections, appeals, and licensing shall apply 26 a substantial evidence standard of review to the inspector 27 general for school safety’s findings of fact in the corrective 28 directive. 29 (c) The administrative law judges employed by the 30 department of inspections, appeals, and licensing shall apply a 31 de novo standard of review to the inspector general for school 32 safety’s conclusions of law in the corrective directive. 33 (d) Judicial review of decisions or orders of the department 34 of inspections, appeals, and licensing under this subparagraph 35 -5- LSB 6152HH (3) 91 jda/jh 5/ 17
H.F. 2420 may be sought in accordance with chapter 17A. 1 (3) This paragraph shall not be construed to do any of the 2 following: 3 (a) Authorize the inspector general for school safety to 4 issue a corrective directive that orders a disciplinary action 5 to be taken against any particular employee or contractor of 6 the school. 7 (b) Limit the authority of the inspector general for school 8 safety to issue a corrective directive that addresses any of 9 the following: 10 (i) Systemic failures. 11 (ii) Policies or practices. 12 (iii) Training deficiencies. 13 (iv) Structural noncompliance with safety or reporting 14 requirements. 15 f. (1) Order a school to temporarily suspend the duties 16 of an administrator, with pay, pending completion of an 17 investigation, if the inspector general for school safety 18 provides written notice containing findings to the board of 19 directors of the school that the administrator’s continued 20 presence at the school would do any of the following: 21 (a) Materially interfere with an investigation being 22 conducted by the inspector general for school safety. 23 (b) Pose an ongoing, substantial safety risk. 24 (2) An administrator suspended pursuant to this paragraph 25 may immediately appeal the suspension in accordance with 26 chapter 17A. 27 g. (1) Issue required school board consideration orders 28 that direct the board of directors of a school to formally 29 consider and act upon the inspector general for school safety’s 30 recommendations related to specific students, including 31 recommendations to do any of the following: 32 (a) Temporarily remove the student from the classroom, or 33 reassign the student, pending completion of lawful disciplinary 34 proceedings. 35 -6- LSB 6152HH (3) 91 jda/jh 6/ 17
H.F. 2420 (b) Refer the student to alternative educational programs. 1 (2) If a consideration order directs the board of directors 2 of a school to formally consider and act upon a recommendation 3 related to a placement change for a student with a disability, 4 the board of directors of the school shall not direct that such 5 placement change be made until a manifestation determination 6 review meeting, as required under section 504 of the federal 7 Rehabilitation Act, 29 U.S.C. §794, takes place. 8 (3) This paragraph shall not be construed to alter the 9 school’s final authority to make decisions related to student 10 placement and the discipline of students that comply with 11 federal and state law and applicable due process requirements. 12 h. Refer matters directly to all of the following: 13 (1) County attorneys. 14 (2) The attorney general. 15 (3) Appropriate federal authorities, when criminal conduct 16 is suspected. 17 i. (1) After providing written notice to a school that has 18 violated this chapter, assess against the school reasonable, 19 documented costs of investigations, hearings, and compliance 20 monitoring related to the school that are proportional to the 21 actual costs incurred by the inspector general for school 22 safety. A school may appeal assessments to the state appeal 23 board. 24 (2) If a school fails to pay the inspector general for 25 school safety an assessment under subparagraph (1) that was 26 not appealed or that was upheld on appeal, then the state aid 27 paid to the school pursuant to section 257.16 for a fiscal 28 year is reduced in an amount equal to the amount of the unpaid 29 assessment, and the department of management shall pay to the 30 inspector general for school safety an amount equal to the 31 amount of state aid that was reduced. 32 Sec. 5. NEW SECTION . 256J.5 Duty to report —— enforcement. 33 1. a. Each school employee, contractor engaged by a 34 school, volunteer engaged by a school, and school resource 35 -7- LSB 6152HH (3) 91 jda/jh 7/ 17
H.F. 2420 officer engaged by a school shall report material school safety 1 incidents to the office of the inspector general for school 2 safety within forty-eight hours after the employee, contractor, 3 volunteer, or school resource officer has actual knowledge of 4 the material school safety incident. 5 b. For purposes of this subsection, a school employee, 6 contractor, volunteer, or school resource officer has actual 7 knowledge of a material school safety incident when an 8 administrator employed by the school who is responsible for 9 responding to material school safety incidents provides to the 10 employee, contractor, volunteer, or school resource officer a 11 written or electronic report describing the material school 12 safety incident. 13 2. a. A school employee, contractor engaged by a school, 14 volunteer engaged by a school, or school resource officer 15 engaged by a school who knowingly and willfully, with intent 16 to conceal or obstruct, fails to report a material school 17 safety incident as required under subsection 1, paragraph 18 “a ”, is guilty of a simple misdemeanor, unless the employee, 19 contractor, volunteer, or school resource officer has a 20 reasonable justification for failing to report the material 21 school safety incident. 22 b. A school employee, contractor engaged by a school, 23 volunteer engaged by a school, or school resource officer 24 engaged by a school who knowingly and willfully, with intent to 25 conceal or obstruct, fails to report a material school safety 26 incident as required under subsection 1, paragraph “a” , for the 27 second time, is guilty of a serious misdemeanor, unless the 28 employee, contractor, volunteer, or school resource officer has 29 a reasonable justification for failing to report the material 30 school safety incident. 31 c. A school employee, contractor engaged by a school, 32 volunteer engaged by a school, or school resource officer 33 engaged by a school who knowingly and willfully, with intent to 34 conceal or obstruct, fails to report a material school safety 35 -8- LSB 6152HH (3) 91 jda/jh 8/ 17
H.F. 2420 incident as required under subsection 1, paragraph “a” , for the 1 third or subsequent time, is guilty of a class “D” felony for 2 each violation, unless the employee, contractor, volunteer, 3 or school resource officer has a reasonable justification for 4 failing to report the material school safety incident. 5 Sec. 6. NEW SECTION . 256J.6 Civil cause of action. 6 1. A student enrolled in a school, the parent or guardian of 7 a student enrolled in a school, a school employee, a contractor 8 engaged by a school, a volunteer engaged by a school, or a 9 school resource officer engaged by a school may bring a civil 10 cause of action for injunctive relief, actual compensatory 11 damages, including provable emotional distress damages for 12 claims described in paragraph “c” , reasonable attorney fees, 13 and court costs against a school for any of the following: 14 a. A school employee’s, contractor’s, volunteer’s, or school 15 resource officer’s failure to report a material school safety 16 incident to the office of the inspector general for school 17 safety as required under section 256J.5, subsection 1. 18 b. A school employee’s, contractor’s, volunteer’s, or school 19 resource officer’s interference with another school employee’s, 20 contractor’s, volunteer’s, or school resource officer’s attempt 21 to report a material school safety incident to the office of 22 the inspector general for school safety as required under 23 section 256J.5, subsection 1. 24 c. A school’s or school employee’s disciplinary action taken 25 against an employee, contractor, volunteer, or school resource 26 officer for reporting a material school safety incident to the 27 office of the inspector general for school safety as required 28 under section 256J.5, subsection 1. 29 d. A school’s failure to comply with a final corrective 30 directive issued pursuant to section 256J.4, subsection 2, 31 paragraph “e” , that was not appealed or that was upheld on 32 appeal. 33 2. A civil action instituted under subsection 1 shall not 34 be maintained in any contested case unless the civil action 35 -9- LSB 6152HH (3) 91 jda/jh 9/ 17
H.F. 2420 is commenced within two years from the date the student, the 1 parent or guardian of a student, school employee, contractor 2 engaged by a school, volunteer engaged by a school, or school 3 resource officer engaged by a school knew or should have 4 known of the failures or actions described in subsection 1, 5 paragraphs “a” through “d” . 6 3. a. A student enrolled in a school, the parent or 7 guardian of a student enrolled in a school, a school employee, 8 a contractor engaged by a school, a volunteer engaged by a 9 school, or a school resource officer engaged by a school shall 10 not bring a civil action under subsection 1 unless the student, 11 parent or guardian, employee, contractor, volunteer, or school 12 resource officer has exhausted all administrative remedies 13 provided under this chapter. 14 b. Notwithstanding paragraph “a” , a student enrolled in 15 a school, the parent or guardian of a student enrolled in a 16 school, a school employee, a contractor engaged by a school, 17 a volunteer engaged by a school, or a school resource officer 18 engaged by a school may bring a civil action under subsection 19 1 without exhausting all administrative remedies provided 20 under this chapter in cases involving irreparable harm or 21 disciplinary action described in subsection 1, paragraph “c” . 22 4. This section shall not be construed to authorize a court 23 to award punitive damages. 24 5. Schools shall be entitled to qualified immunity from 25 civil liability for all damages arising from civil actions 26 brought under this section if the school employee, contractor 27 engaged by the school, volunteer engaged by the school, or the 28 school resource officer acted in good faith. 29 6. This section constitutes a waiver of any sovereign 30 immunity provided to schools under the eleventh amendment to 31 the Constitution of the United States. A school is not immune 32 from suit or liability for violations described in this section 33 and consents to suit in federal court for any actions arising 34 under this section. 35 -10- LSB 6152HH (3) 91 jda/jh 10/ 17
H.F. 2420 Sec. 7. NEW SECTION . 256J.7 School responsibilities. 1 1. The board of directors of each school shall comply with 2 investigations initiated by the office of the inspector general 3 for school safety under this chapter. 4 2. a. The board of directors of each school shall 5 maintain written policies addressing student safety, classroom 6 disruption, and disciplinary escalation that contain, at a 7 minimum, provisions related to all of the following: 8 (1) Procedures for temporary classroom removal. 9 (2) Documentation requirements. 10 (3) Escalation pathways for repeated or serious incidents. 11 (4) Coordination with law enforcement when required by 12 federal or state law. 13 b. When evaluating a school’s compliance with this chapter, 14 the inspector general for school safety may consider whether 15 a school failed to adopt written policies as required under 16 paragraph “a” or failed to implement written policies adopted 17 under paragraph “a” . Failure to adopt or implement such written 18 policies may constitute evidence of noncompliance. 19 Sec. 8. NEW SECTION . 256J.8 Reporting requirements. 20 1. a. The inspector general for school safety shall publish 21 on the office of the inspector general for school safety’s 22 internet site all of the following: 23 (1) Any finding of a school’s noncompliance with any federal 24 or state law. 25 (2) All final corrective directives issued pursuant to 26 section 256J.4, subsection 2, paragraph “e” , that were not 27 appealed or that were upheld on appeal. 28 b. All publications described in paragraph “a” must be 29 properly redacted to ensure compliance with the federal Family 30 Educational Rights and Privacy Act, 20 U.S.C. §1232g, and state 31 law. 32 c. The inspector general for school safety may delay 33 publication required under paragraph “a” when the inspector 34 general for school safety determines that publication may 35 -11- LSB 6152HH (3) 91 jda/jh 11/ 17
H.F. 2420 compromise an active criminal investigation. 1 2. On or before December 31 each year, the inspector 2 general for school safety shall submit to the general assembly 3 an annual report that contains information and aggregated 4 data related to the inspector general for school safety’s 5 investigatory and enforcement activities under this chapter. 6 Sec. 9. NEW SECTION . 256J.9 Office of inspector general for 7 school safety operations fund —— appropriations. 8 1. An office of inspector general for school safety 9 operations fund is established in the state treasury. The 10 fund shall be administered by the office of inspector general 11 for school safety and shall consist of moneys appropriated by 12 the general assembly and other moneys received by the office 13 of inspector general for school safety for deposit in the 14 fund. The moneys in the fund are appropriated to the office of 15 inspector general for school safety for purposes carrying out 16 the office of inspector general for school safety’s duties and 17 powers under this chapter. 18 2. For the fiscal year commencing July 1, 2026, and each 19 succeeding fiscal year, there is appropriated from the general 20 fund of the state to the office of inspector general for school 21 safety to be credited to the office of inspector general for 22 school safety operations fund the amount necessary to pay all 23 costs associated with carrying out the office of inspector 24 general for school safety’s duties and powers under this 25 chapter for that fiscal year. 26 Sec. 10. NEW SECTION . 256J.10 Construction. 27 This chapter shall not be construed to do any of the 28 following: 29 1. Transfer general authority to discipline students or 30 make placement decisions from a school to the office of the 31 inspector general for school safety. 32 2. Diminish or impair the lawful authority of a teacher to 33 maintain order in a school setting, including the authority of 34 a teacher to carry out a temporary classroom removal consistent 35 -12- LSB 6152HH (3) 91 jda/jh 12/ 17
H.F. 2420 with school policy and state law. 1 3. Authorize the office of the inspector general for school 2 safety to waive, suspend, or override any of the following: 3 a. A federal or state law. 4 b. A federal or state accreditation standard. 5 c. A directive issued by an area education agency. 6 d. A collective bargaining agreement. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to education, including by establishing 11 the office of the inspector general for school safety to 12 exercise independent investigative and oversight authority over 13 schools and modifying the duties of school districts. 14 The bill provides that the inspector general for school 15 safety is the head of the office of the inspector general for 16 school safety. The governor is responsible for appointing the 17 inspector general for school safety, subject to confirmation 18 by the senate, and for fixing the inspector general for school 19 safety’s salary. The bill establishes qualifications and a 20 term of office for the inspector general for school safety. In 21 addition, the bill establishes when the inspector general may 22 be removed from office. 23 The bill requires the inspector general for school safety to 24 investigate reports that involve physical assaults or attempted 25 assaults on school district property or at a school-sponsored 26 event that result in bodily injury requiring professional 27 medical attention; credible threats of violence against a 28 student or an employee of a school that require law enforcement 29 notification; possession of a dangerous weapon by a student 30 enrolled in a school on school district property or at a 31 school-sponsored event; other specified actions of students 32 related to dangerous weapons; and lockdowns that last longer 33 than 15 minutes or that require law enforcement intervention. 34 The inspector general for school safety is required to comply 35 -13- LSB 6152HH (3) 91 jda/jh 13/ 17
H.F. 2420 with applicable federal and state law when carrying out the 1 inspector general for school safety’s duties and powers. 2 The bill authorizes the inspector general for school 3 safety to employ personnel and assign duties of the office 4 of inspector general for school safety; investigate material 5 school safety incidents; close or decline to investigate 6 certain specified matters; issue subpoenas; order a school 7 district to temporarily suspend the duties of an administrator 8 in certain circumstances; issue required school board 9 consideration orders that direct the board of directors of a 10 school to consider and act upon recommendations related to 11 specific students; refer matters to other law enforcement 12 authorities; and assess against certain school districts costs 13 of investigations, which may include reductions in state aid to 14 the school district if assessments are not paid. 15 The bill authorizes the inspector general for school safety 16 to, upon the completion of an investigation, issue corrective 17 directives that are binding on school districts. A corrective 18 directive may require a school district to take measures that 19 are reasonably necessary to remediate a specific safety risk. 20 A corrective directive is subject to administrative appeal 21 to the department of inspections, appeals, and licensing. 22 The bill establishes standards of review that administrative 23 law judges are to apply to the inspector general of school 24 safety’s findings of fact and conclusions of law. Judicial 25 review of decisions or orders of the department of inspections, 26 appeals, and licensing under these provisions may be sought in 27 accordance with Code chapter 17A (Iowa administrative procedure 28 Act). 29 The bill requires each school district employee, contractor 30 engaged by a school district, volunteer engaged by a school 31 district, and school resource officer engaged by a school 32 district to report material school safety incidents to the 33 office of the inspector general for school safety within 48 34 hours after the employee, contractor, volunteer, or school 35 -14- LSB 6152HH (3) 91 jda/jh 14/ 17
H.F. 2420 resource officer has actual knowledge of the material school 1 safety incident. The first time an employee, contractor, 2 volunteer, or school resource officer knowingly and willfully, 3 with intent to conceal or obstruct, fails to make such a report 4 without reasonable justification, the individual is guilty of 5 a simple misdemeanor. A simple misdemeanor is punishable by 6 confinement for no more than 30 days and a fine of at least $105 7 but not more than $855. The second time such an individual 8 knowingly and willfully, with intent to conceal or obstruct, 9 fails to make such a report without reasonable justification, 10 the individual is guilty of a serious misdemeanor. A serious 11 misdemeanor is punishable by confinement for no more than one 12 year and a fine of at least $430 but not more than $2,560. 13 The third or subsequent time such an individual knowingly 14 and willfully, with intent to conceal or obstruct, fails to 15 make such a report without reasonable justification, the 16 individual is guilty of a class “D” felony. A class “D” felony 17 is punishable by confinement for no more than five years and a 18 fine of at least $1,025 but not more than $10,245. 19 The bill authorizes a student enrolled in a school district, 20 the parent or guardian of a student enrolled in a school 21 district, a school district employee, a contractor engaged by 22 a school district, a volunteer engaged by a school district, 23 or a school resource officer engaged by a school district to 24 bring a civil cause of action for injunctive relief, actual 25 compensatory damages, reasonable attorney fees, and court costs 26 against a school district for failure to report a material 27 school safety incident; interference with the reporting of a 28 material school safety incident; taking disciplinary action 29 against an employee, contractor, volunteer, or school resource 30 officer for reporting a material school safety incident; or 31 failure to comply with a corrective directive. The bill 32 establishes a two-year statute of limitations for such civil 33 actions and requires plaintiffs to exhaust administrative 34 remedies prior to bringing such civil actions, except in 35 -15- LSB 6152HH (3) 91 jda/jh 15/ 17
H.F. 2420 certain specified cases. School districts are entitled to 1 qualified immunity from civil liability for all damages arising 2 from civil actions brought under the bill’s provisions if the 3 school district employee, contractor, volunteer, or the school 4 resource officer acted in good faith. The bill waives any 5 sovereign immunity provided to school districts under federal 6 law. 7 The bill requires the board of directors of each school 8 district to comply with investigations initiated by the office 9 of the inspector general for school safety under the bill’s 10 provisions. The bill also requires the board of directors of 11 each school district to maintain written policies addressing 12 student safety, classroom disruption, and disciplinary 13 escalation that contain certain specified provisions. The 14 inspector general for school safety may consider whether a 15 school failed to adopt written policies, or failed to implement 16 written policies, when evaluating a school’s compliance with 17 the bill’s provisions. Failure to adopt or implement such 18 written policies may constitute evidence of noncompliance. 19 The bill requires the inspector general for school safety 20 to publish certain specified information on the office of the 21 inspector general for school safety’s internet site. The 22 bill also requires the inspector general for school safety to 23 submit an annual report to the general assembly that contains 24 information and aggregated data related to the inspector 25 general for school safety’s investigatory and enforcement 26 activities. 27 The bill establishes an office of inspector general for 28 school safety operations fund in the state treasury. For 29 FY 2026-2027, and each succeeding fiscal year, the bill 30 appropriates from the general fund of the state to the office 31 of inspector general for school safety operations fund the 32 amount necessary to pay all costs associated with carrying out 33 the office of inspector general for school safety’s duties and 34 powers under the bill’s provisions for that fiscal year. 35 -16- LSB 6152HH (3) 91 jda/jh 16/ 17
H.F. 2420 The bill defines “administrator”, “disciplinary action”, 1 “discipline”, “material school safety incident”, “reasonable 2 justification”, “school”, “school resource officer”, “teacher”, 3 and “temporary classroom removal”. 4 -17- LSB 6152HH (3) 91 jda/jh 17/ 17