House File 2435 - Introduced HOUSE FILE 2435 BY MOHR and VONDRAN A BILL FOR An Act relating to education, including by modifying provisions 1 related to when children may enroll in kindergarten; when 2 students enrolled in kindergarten in school districts, 3 charter schools, or innovation zone schools may be 4 promoted to first grade; and the responsibilities of school 5 districts, charter schools, and innovation zone schools 6 related to the discipline of students who cause violent or 7 nonviolent disruptions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 6751YH (3) 91 jda/jh

H.F. 2435 Section 1. Section 256.9, subsection 68, Code 2026, is 1 amended to read as follows: 2 68. Develop and distribute to school districts and charter 3 schools model policies that, if adopted by a school district or 4 charter school, would satisfy the school district’s or charter 5 school’s responsibilities under section 279.65A relating to 6 the discipline of a student for making a threat of violence 7 or causing an incident of violence that results in injury or 8 property damage or assault causing a violent or nonviolent 9 disruption . 10 Sec. 2. Section 256E.7, subsection 2, paragraph m, Code 11 2026, is amended to read as follows: 12 m. Be subject to and comply with the requirements of 13 section 279.65A relating to the adoption of policies related 14 to the discipline of a student for making a threat of violence 15 or causing an incident of violence that results in injury or 16 property damage or assault who causes a violent or nonviolent 17 disruption in the same manner as a school district. 18 Sec. 3. Section 256E.7, subsection 2, Code 2026, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . 0s. Be subject to and comply with the 21 requirements of section 279.89 relating to retaining certain 22 specified students in kindergarten in the same manner as a 23 school district. 24 Sec. 4. Section 256F.4, subsection 2, Code 2026, is amended 25 by adding the following new paragraphs: 26 NEW PARAGRAPH . 0l. Be subject to and comply with the 27 requirements of section 279.65A relating to the adoption of 28 policies related to the discipline of a student who causes a 29 violent or nonviolent disruption in the same manner as a school 30 district. 31 NEW PARAGRAPH . 0q. Be subject to and comply with the 32 requirements of section 279.89 relating to retaining certain 33 specified students in kindergarten in the same manner as a 34 school district. 35 -1- LSB 6751YH (3) 91 jda/jh 1/ 9

H.F. 2435 Sec. 5. Section 279.65A, Code 2026, is amended to read as 1 follows: 2 279.65A Discipline of students who make threats of violence 3 or cause incidents of violence cause violent or nonviolent 4 disruptions —— teacher authority . 5 1. The board of directors of each school district shall 6 adopt, in collaboration with teachers and administrative staff 7 employed by the school district, policies for different grade 8 levels that describe how a school district may discipline a 9 student for making a threat of violence or causing an incident 10 of violence that results in injury or property damage or 11 assault causing a violent disruption or nonviolent disruption . 12 All of the following shall apply to the policies: 13 1. a. The policies must incorporate strategies that are 14 designed to correct the student’s behavior. 15 2. b. The policies must provide for parent or guardian 16 conferences, counseling sessions, or mental health counseling 17 sessions, when appropriate. The policies must provide that 18 the school district must receive the prior written consent of 19 the student’s parent or guardian before requiring the student 20 to participate in a counseling session or a mental health 21 counseling session. 22 3. c. The policies must be consistent with the all of the 23 following: 24 (1) The provisions of chapter 256B , and the administrative 25 rules adopted by the state board for purposes of chapter 256B , 26 the federal . 27 (2) The federal Individuals with Disabilities Education 28 Act, 20 U.S.C. §1400 et seq. , and the federal . 29 (3) The federal Rehabilitation Act of 1973, as amended and 30 codified in 29 U.S.C. §701 et seq. 31 (4) The federal Family Educational Rights and Privacy Act, 32 20 U.S.C. §1232g et seq. 33 (5) The federal Americans with Disabilities Act of 1990, 42 34 U.S.C. §12101 et seq. 35 -2- LSB 6751YH (3) 91 jda/jh 2/ 9

H.F. 2435 4. d. The policies must provide for escalating levels of 1 discipline each time the student makes a threat of violence 2 or causes an incident of violence that results in injury or 3 property damage or assault causes a violent disruption or 4 nonviolent disruption . 5 5. e. The policies must allow for the school district 6 to select the level of discipline that the school district 7 determines corresponds to the severity of the threat of 8 violence or incident of violence violent disruption or 9 nonviolent disruption . 10 6. f. The policies must allow the school district to 11 suspend the student, permanently remove the student from a 12 particular class, expel the student, or place the student in 13 an alternative learning environment, including a therapeutic 14 classroom, when appropriate. 15 7. g. The policies must require an individualized education 16 program meeting if the student who made the threat of violence 17 or caused the incident of violence that resulted in injury 18 or property damage or assault caused a violent disruption or 19 nonviolent disruption, or who was removed from the classroom 20 pursuant to this subsection, has an individualized education 21 program. 22 h. (1) The policies must require each attendance center 23 within the school district to create a placement review 24 committee that is responsible for determining when a student 25 who was removed from a classroom pursuant to paragraph “i” or 26 “j” may return to the classroom. 27 (2) The placement review committee must consist of all of 28 the following members: 29 (a) Two teachers who work in the attendance center and who 30 must be selected by the teachers of the attendance center. 31 (b) One professional staff member who works in the 32 attendance center and who must be selected by the principal of 33 the attendance center. 34 i. (1) (a) The policies must authorize a teacher to remove 35 -3- LSB 6751YH (3) 91 jda/jh 3/ 9

H.F. 2435 a student who causes a nonviolent disruption from the teacher’s 1 classroom and place the student under the supervision of the 2 principal of the attendance center in which the classroom is 3 located, or the principal’s designee, for at least thirty 4 minutes, as determined by the principal or the principal’s 5 designee in accordance with the policies. 6 (b) The policies must prohibit the principal, or the 7 principal’s designee, from returning a student who is removed 8 from the classroom pursuant to subparagraph division (a) to 9 the teacher’s classroom without the teacher’s consent, unless 10 the placement review committee determines that the student 11 should be returned to the classroom pursuant to paragraph “h” , 12 subparagraph (1). 13 (c) The policies must require the principal, or the 14 principal’s designee, to inform the teacher of the disciplinary 15 actions taken against the student removed from the classroom 16 pursuant to subparagraph division (a) as soon as is reasonably 17 possible after the student’s removal. 18 (d) The policies must require a student who is removed from 19 the classroom pursuant to subparagraph division (a) to make up 20 any work that the student missed while the student was under 21 the supervision of the principal or the principal’s designee. 22 (2) The policies must require that, if a student is 23 removed from a teacher’s classroom pursuant to subparagraph 24 (1), subparagraph division (a), more than once in one school 25 year, the teacher or teachers who removed the student from the 26 classroom; the principal of the attendance center in which 27 the classroom or classrooms are located; a qualified guidance 28 counselor licensed by the board of educational examiners under 29 chapter 256, subchapter VII, part 3; the student’s parent or 30 legal guardian, if the student is not an emancipated minor; 31 and the student shall participate in a meeting to discuss the 32 student’s nonviolent disruptions and to establish a behavioral 33 plan and a course of discipline to correct the student’s 34 behavior, which may include placement in an alternative 35 -4- LSB 6751YH (3) 91 jda/jh 4/ 9

H.F. 2435 learning environment, including a therapeutic classroom, when 1 appropriate. 2 j. (1) The policies must require a teacher to remove a 3 student who causes a violent disruption from the teacher’s 4 classroom and place the student under the supervision of the 5 principal of the attendance center in which the classroom is 6 located, or the principal’s designee. 7 (2) (a) The policies must prohibit the principal, or 8 the principal’s designee, from returning a student who is 9 removed from the classroom pursuant to subparagraph (1) to 10 the teacher’s classroom without the teacher’s consent, unless 11 the placement review committee determines that the student 12 should be returned to the classroom pursuant to paragraph “h” , 13 subparagraph (1). 14 (b) Notwithstanding paragraph “h” , subparagraph (1), and 15 subparagraph division (a), the policies must provide that the 16 placement review committee shall not have the authority to 17 require a student to return to a teacher’s classroom if all of 18 the following criteria are satisfied: 19 (i) The teacher removed the student from the teacher’s 20 classroom because the student caused a violent disruption that 21 included the student assaulting the teacher. 22 (ii) The teacher does not consent to allowing the student to 23 return to the teacher’s classroom. 24 (3) The policies must require that a student removed 25 from the classroom pursuant to this paragraph be suspended, 26 expelled, or placed in an alternative learning environment, 27 including a therapeutic classroom, when appropriate, as 28 determined by the principal of the attendance center in which 29 the classroom is located in accordance with the policies. 30 8. k. The policies must be published on the school 31 district’s internet site and in applicable student handbooks. 32 2. For purposes of this section: 33 a. “Nonviolent disruption” includes but is not limited to a 34 disruption to classroom instruction that is a result of any of 35 -5- LSB 6751YH (3) 91 jda/jh 5/ 9

H.F. 2435 the following: 1 (1) Disorderly conduct. 2 (2) Abusive or profane language. 3 (3) Bullying, as defined under section 280.28. 4 (4) Repeatedly disruptive behavior. 5 b. “Violent disruption” includes but is not limited to 6 a disruption to classroom instruction that is a result of a 7 threat of violence or an incident of violence that results in 8 any of the following: 9 (1) Injury. 10 (2) Property damage. 11 (3) Assault, as defined under section 708.1. 12 Sec. 6. NEW SECTION . 279.89 Retention of certain students 13 in kindergarten. 14 The board of directors of a school district shall not promote 15 a student enrolled in kindergarten to the next grade level if 16 the student fails to achieve proficient scores on standardized, 17 norm-referenced assessments administered near the end of the 18 school year. 19 Sec. 7. Section 299.1A, subsection 2, Code 2026, is amended 20 to read as follows: 21 2. A child who has reached the age of five by September 22 15 July 1 and who is enrolled in a school district shall be 23 considered to be of compulsory attendance age unless the 24 parent or guardian of the child notifies the school district 25 in writing of the parent’s or guardian’s intent to remove the 26 child from enrollment in the school district. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to education, including by modifying 31 provisions related to when children may enroll in kindergarten; 32 when students enrolled in kindergarten in school districts, 33 charter schools, or innovation zone schools may be promoted 34 to first grade; and the responsibilities of school districts, 35 -6- LSB 6751YH (3) 91 jda/jh 6/ 9

H.F. 2435 charter schools, and innovation zone schools related to 1 the discipline of students who cause violent or nonviolent 2 disruptions. 3 Current Code section 279.65A requires school districts and, 4 through current Code section 256E.7(2)(m), charter schools, 5 to adopt, in collaboration with teachers and administrative 6 staff employed by the school, policies for different grade 7 levels that describe how a school may discipline a student for 8 making a threat of violence or causing an incident of violence 9 that results in injury or property damage or assault. Current 10 Code section 279.65A establishes requirements related to the 11 policies. 12 The bill modifies Code section 279.65A to require school 13 districts, charter schools, and innovation zone schools to 14 adopt, in collaboration with teachers and administrative staff 15 employed by the school, policies for different grade levels 16 that describe how a school may discipline a student for causing 17 a violent disruption or nonviolent disruption. The bill 18 defines “nonviolent disruption” to include a disruption to 19 classroom instruction that is a result of disorderly conduct, 20 abusive or profane language, bullying, or repeatedly disruptive 21 behavior. The bill defines “violent disruption” to include 22 a disruption to classroom instruction that is a result of a 23 threat of violence or an incident of violence that results in 24 injury, property damage, or assault. 25 The policies must be consistent with the provisions of Code 26 chapter 256B (special education) and rules adopted by the state 27 board of education for purposes of Code chapter 256B and with 28 certain specified federal laws. 29 The policies must require each attendance center to create a 30 placement review committee that is responsible for determining 31 when a student who was removed from the classroom pursuant to 32 the bill’s provisions may return to the classroom. The bill 33 establishes the membership of the placement review committee. 34 The policies must authorize a teacher to remove a student who 35 -7- LSB 6751YH (3) 91 jda/jh 7/ 9

H.F. 2435 causes a nonviolent disruption from the teacher’s classroom and 1 place the student under the supervision of the principal for at 2 least 30 minutes. A student who is removed from the classroom 3 pursuant to this provision is required to make up any work that 4 the student missed while the student was under the supervision 5 of the principal. In addition, the policies must prohibit the 6 principal from returning a student who is removed from the 7 classroom to the teacher’s classroom without the teacher’s 8 consent, unless the placement review committee determines that 9 the student should be returned to the classroom. The policies 10 must also require the principal to inform the teacher of the 11 disciplinary actions taken against the student who was removed 12 from the classroom as soon as is reasonably possible after 13 the student’s removal. The policies must require that if a 14 student is removed from the classroom more than once in one 15 school year, the teacher, a qualified guidance counselor, the 16 student’s parent or legal guardian, if the student is not an 17 emancipated minor, and the student are required to participate 18 in a meeting to discuss the student’s nonviolent disruptions 19 and to establish a behavioral plan and a course of discipline 20 to correct the student’s behavior, which may include placement 21 in an alternative learning environment. 22 The policies must require a teacher to remove a student who 23 causes a violent disruption from the teacher’s classroom and 24 place the student under the supervision of the principal. The 25 policies must prohibit the principal from returning a student 26 who is removed from the classroom pursuant to this provision to 27 the teacher’s classroom without the teacher’s consent, unless 28 the placement review committee determines that the student 29 should be returned to the classroom. However, the placement 30 review committee shall not have the authority to require a 31 student to return to a teacher’s classroom if the teacher 32 removed the student from the teacher’s classroom because the 33 student caused a violent disruption that included the student 34 assaulting the teacher, and the teacher does not consent to 35 -8- LSB 6751YH (3) 91 jda/jh 8/ 9

H.F. 2435 allowing the student to return to the teacher’s classroom. The 1 policies must require that a student removed from the classroom 2 pursuant to this provision be suspended, expelled, or placed in 3 an alternative learning environment. 4 The bill makes conforming changes. 5 The bill prohibits school districts, charter schools, and 6 innovation zone schools from promoting a student enrolled in 7 kindergarten to the next grade level if the student fails to 8 achieve proficient scores on standardized, norm-referenced 9 assessments administered near the end of the school year. 10 The bill provides that a child who has reached the age of 11 five by July 1 and who is enrolled in a school district shall be 12 considered of compulsory attendance age. Under current law, a 13 child who has reached the age of five by September 15 and who is 14 enrolled in a school district shall be considered of compulsory 15 attendance age. 16 -9- LSB 6751YH (3) 91 jda/jh 9/ 9