House File 2538 - Introduced HOUSE FILE 2538 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HF 2122) A BILL FOR An Act relating to education, including by modifying provisions 1 related to the Iowa school performance profiles published 2 by the department of education, the discipline of students 3 enrolled in school districts, charter schools, and 4 innovation zone schools who exhibit disorderly conduct in 5 the classroom, and authorizing teachers to request a meeting 6 of a student’s individualized education program team. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 5471HV (2) 91 jda/jh

H.F. 2538 Section 1. NEW SECTION . 256.20 School performance grades 1 and report cards. 2 1. a. The department shall develop criteria and a process 3 for school districts to use to establish specific performance 4 goals and to evaluate the performance of each attendance 5 center operated by the school district in order to arrive at 6 an overall school performance grade and report card for each 7 attendance center. The criteria must include but are not 8 limited to all of the following: 9 (1) Student academic growth. 10 (2) Parental involvement. 11 (3) Student attendance. 12 (4) Employee turnover. 13 (5) Community activities and involvement. 14 b. The department shall post the information described 15 in paragraph “a” on the department’s internet site with 16 information for each attendance center listed separately. 17 2. a. The department shall develop an achievement 18 score that calculates aggregate growth as well as aggregate 19 proficiency of students which when combined with other academic 20 indicators results in an overall school performance grade for 21 each attendance center in the school district. 22 b. For purposes of calculating the performance grade, 23 if a student returns to the school after dropping out and 24 subsequently drops out again, the student’s second or 25 subsequent dropping out of school shall not adversely affect 26 the school district’s or attendance center’s performance grade. 27 c. (1) For purposes of calculating the performance grade, 28 the school district’s or attendance center’s performance grade 29 shall be positively affected by the school district’s efforts 30 to create a safe learning environment, including by doing any 31 of the following: 32 (a) Suspending or expelling a student due to the student’s 33 disorderly conduct. 34 (b) Contacting law enforcement due to a student’s 35 -1- LSB 5471HV (2) 91 jda/jh 1/ 12

H.F. 2538 disorderly conduct. 1 (2) For purposes of this paragraph, “disorderly conduct” 2 means intentional conduct to which any of the following 3 applies: 4 (a) Constitutes violent behavior or a threat of violent 5 behavior. 6 (b) Disrupts, disturbs, or interferes with any services 7 provided by the school district. 8 (c) Disturbs the peace, order, or discipline within the 9 classroom. 10 3. a. The performance grade may also be used as one measure 11 to rank and classify schools into the following performance 12 categories: 13 (1) Exceptional. 14 (2) High performing. 15 (3) Commendable. 16 (4) Acceptable. 17 (5) Needs improvement. 18 (6) Priority. 19 b. The categories described in paragraph “a” may be used to 20 do all of the following: 21 (1) Define support and specialized assistance to schools 22 classified as needs improvement or priority. 23 (2) Recognize schools designated exceptional or high 24 performing. 25 c. The department shall calculate a closing gap score as 26 another measure to determine subgroup performance and to rank 27 and classify attendance centers. 28 4. a. When calculating the performance grade, the 29 department shall utilize other academic-related indicators, 30 including but not limited to all of the following: 31 (1) Graduation rates. 32 (2) Attendance rates. 33 (3) College-readiness rates. 34 (4) Efforts to create a safe learning environment. 35 -2- LSB 5471HV (2) 91 jda/jh 2/ 12

H.F. 2538 b. When calculating the performance grade, the department 1 may utilize other indicators of academic success and progress, 2 including all of the following: 3 (1) Post-graduation data. 4 (2) Suspension and expulsion rates. 5 (3) Levels of student engagement. 6 (4) Parent satisfaction. 7 (5) Parent engagement. 8 (6) Employee working conditions. 9 Sec. 2. Section 256E.7, subsection 2, Code 2026, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . 0n. Be subject to and comply with the 12 requirements of section 279.65B relating to the discipline of 13 students who exhibit disorderly conduct in the classroom in the 14 same manner as a school district. 15 Sec. 3. Section 256F.4, subsection 2, Code 2026, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . v. Be subject to and comply with the 18 requirements of section 279.65B relating to the discipline of 19 students who exhibit disorderly conduct in the classroom in the 20 same manner as a school district. 21 Sec. 4. Section 279.65A, subsection 3, Code 2026, is amended 22 to read as follows: 23 3. The policies must be consistent with the all of the 24 following: 25 a. The provisions of chapter 256B , and the administrative 26 rules adopted by the state board for purposes of chapter 256B , 27 the . 28 b. The federal Individuals with Disabilities Education Act, 29 20 U.S.C. §1400 et seq. , and the 30 c. The federal Rehabilitation Act of 1973, as amended and 31 codified in 29 U.S.C. §701 et seq. 32 d. Section 279.65B. 33 Sec. 5. NEW SECTION . 279.65B Discipline of students for 34 disorderly conduct. 35 -3- LSB 5471HV (2) 91 jda/jh 3/ 12

H.F. 2538 1. As used in this section: 1 a. “Disorderly conduct” means intentional conduct to which 2 any of the following applies: 3 (1) Constitutes violent behavior or a threat of violent 4 behavior. 5 (2) Disrupts, disturbs, or interferes with any services 6 provided by the school district. 7 (3) Disturbs the peace, order, or discipline within the 8 classroom. 9 b. “Principal” means the same as defined in section 256.145. 10 “Principal” includes all of the following: 11 (1) An assistant principal. 12 (2) A vice principal. 13 (3) An administrator who is responsible for the day-to-day 14 operations of an attendance center. 15 c. “Teacher” means the same as defined in section 256.145. 16 2. a. A teacher may exclude from the teacher’s classroom 17 and place under the supervision of the principal any student 18 who does any of the following while in the teacher’s classroom: 19 (1) Engages in disorderly conduct. 20 (2) Threatens, abuses, intimidates, or attempts to 21 intimidate another student or any school employee. 22 (3) Uses abusive or profane language. 23 b. (1) A student who is enrolled in kindergarten through 24 grade five, and who was excluded from a teacher’s classroom 25 pursuant to paragraph “a” , shall not be readmitted to the 26 teacher’s classroom until after the principal provides written 27 notice to the teacher indicating that the student will be 28 readmitted. 29 (2) A student who is enrolled in grades six through twelve, 30 and who was excluded from a teacher’s classroom pursuant 31 to paragraph “a” , shall not be readmitted to the teacher’s 32 classroom until after the principal provides written notice to 33 the teacher indicating that the student will be readmitted. 34 Such student shall not be readmitted to the teacher’s classroom 35 -4- LSB 5471HV (2) 91 jda/jh 4/ 12

H.F. 2538 until, at the earliest, the immediately subsequent school day. 1 3. a. If the principal determines that disciplinary 2 action should be taken against a student who was excluded 3 from a teacher’s classroom pursuant to subsection 2, then the 4 principal shall do all of the following: 5 (1) Take such disciplinary action. 6 (2) Provide written and, if possible, electronic notice of 7 such disciplinary action to the student’s parent or guardian. 8 b. (1) If a student was excluded from a teacher’s classroom 9 for the remainder of a school day pursuant to subsection 2 10 three times in any thirty-day period, then the principal shall 11 discipline the student by doing any of the following: 12 (a) Assigning the student to either in-school or 13 out-of-school suspension. 14 (b) Recommending to the superintendent that the student be 15 located in an alternative learning environment that has been 16 approved by the superintendent. 17 (2) If a student was excluded from a teacher’s classroom 18 pursuant to subsection 2 because the student’s conduct, 19 statements, or other actions were severe or pervasive, and, 20 if requested by the teacher, then the principal shall impose 21 the maximum amount of punishment applicable to such conduct, 22 statements, or other actions as provided in policies adopted 23 by the board of directors of the school district, including 24 placing the student in an alternative learning environment that 25 has been approved by the superintendent. 26 4. If a student who has an individualized education program 27 was excluded from a teacher’s classroom pursuant to subsection 28 2, then all of the following shall apply: 29 a. Any employees of the school district who do not hold a 30 license issued by the board of educational examiners, including 31 para-educators and bus drivers, and who were directly involved 32 in the student’s conduct, statements, or other actions that 33 led to exclusion from the classroom, shall participate in the 34 meeting of the student’s individualized education program 35 -5- LSB 5471HV (2) 91 jda/jh 5/ 12

H.F. 2538 team that takes place immediately subsequent to the student’s 1 exclusion from the classroom. 2 b. In the meeting of the student’s individualized education 3 program team that takes place immediately subsequent to 4 the student’s exclusion from the classroom, the student’s 5 individualized education program team shall discuss all of the 6 following: 7 (1) The appropriateness of the student’s current 8 educational programming. 9 (2) Whether adjustments need to be made to the student’s 10 individualized education program to address the student’s 11 behaviors. 12 (3) Whether the student’s current placement or an 13 alternative learning environment would best provide the student 14 with a free appropriate public education. 15 (4) The accommodations, modifications, and adaptations that 16 are required to allow the student to be successful in a general 17 education setting, what supports are needed to assist the 18 teacher and other school district employees in providing those 19 accommodations, modifications, and adaptations, and whether it 20 is possible for the school district to provide those supports, 21 accommodations, modifications, and adaptations. 22 (5) Whether and to what extent the provision of special 23 education services and activities in the general education 24 environment will impact the student and the other students in 25 the classroom. 26 c. If the student was excluded from the classroom five or 27 more times within any fifteen-consecutive-school-day period, 28 then the student’s individualized education program team shall 29 meet to discuss the student’s behavior. 30 5. a. A teacher may appeal all of the following to the 31 board of directors of the school district: 32 (1) A principal’s refusal to allow the teacher to exclude a 33 student from the teacher’s classroom pursuant to subsection 2, 34 paragraph “a” . 35 -6- LSB 5471HV (2) 91 jda/jh 6/ 12

H.F. 2538 (2) A principal’s readmission of a student to the teacher’s 1 classroom prior to the time such student should have been 2 readmitted pursuant to subsection 2, paragraph “b” . 3 b. The board of directors of a school district shall not 4 take any disciplinary action against a teacher for exercising 5 the teacher’s appeal rights described in paragraph “a” . For 6 purposes of this paragraph, “disciplinary action” includes 7 termination of employment or the contractual relationship, 8 suspension from employment, demotion, financial penalties, 9 failing to take action regarding a teacher’s promotion 10 or proposed promotion, failing to provide an advantage in 11 employment or the contractual relationship, and written or 12 verbal reprimands. 13 c. All of the following shall apply if the board of 14 directors of a school district violates paragraph “b” : 15 (1) The teacher may enforce the teacher’s rights under this 16 section through a civil action. 17 (2) The board of directors of the school district is liable 18 to the aggrieved teacher for affirmative relief including 19 reinstatement, with or without back pay, civil damages in an 20 amount not to exceed three times the annual wages and benefits 21 received by the aggrieved teacher prior to the violation of 22 paragraph “b” , and any other equitable relief the court deems 23 appropriate, including attorney fees and costs. 24 (3) When the board of directors of a school district 25 commits, is committing, or proposes to commit an act in 26 violation of paragraph “b” , an injunction may be granted through 27 an action in district court to prohibit the board of directors 28 of the school district from continuing such acts. The action 29 for injunctive relief may be brought by an aggrieved teacher, 30 the county attorney, or the person providing human resource 31 management for the board of directors of the school district. 32 6. A school district employee shall be granted immunity 33 from any civil or criminal liability which might otherwise 34 be incurred or imposed as a result of physical contact that 35 -7- LSB 5471HV (2) 91 jda/jh 7/ 12

H.F. 2538 occurs when the employee is addressing a student’s conduct, 1 statements, or other actions for which the student could be 2 excluded from a teacher’s classroom pursuant to subsection 2 if 3 the physical contact complies with section 280.21, subsection 4 2. 5 7. If a teacher faces legal action, disciplinary action, 6 or professional sanctions for an action the teacher takes 7 under the teacher’s approved classroom management plan, there 8 shall be a rebuttable presumption in such proceeding that the 9 teacher’s action was necessary to restore and maintain the 10 safety or instruction atmosphere of the teacher’s classroom. 11 8. The board of directors of a school district shall 12 immediately grant a teacher a leave of absence for physical and 13 mental recovery with full pay for at least five days if the 14 teacher is injured due to a student’s disorderly conduct. 15 9. Each principal shall carry out the principal’s 16 responsibilities under this section in an expeditious manner, 17 and shall do all of the following in an expeditious manner: 18 a. Carry out all manifestation determination review 19 meetings, as required under section 504 of the federal 20 Rehabilitation Act, 29 U.S.C. §794. 21 b. Impose the appropriate amount of punishment in accordance 22 with policies adopted by the board of directors of the school 23 district and federal law. 24 c. Perform functional behavior assessments as needed. 25 d. Adjust behavioral intervention plans as needed. 26 10. This section shall not be construed to do any of the 27 following: 28 a. Infringe on any right provided to any student under 29 federal law, including but not limited to all of the following: 30 (1) Section 504 of the federal Rehabilitation Act, 29 U.S.C. 31 §794. 32 (2) The federal Individuals with Disabilities Education 33 Act, 20 U.S.C. §1400 et seq. 34 (3) The federal Family Educational Rights and Privacy Act, 35 -8- LSB 5471HV (2) 91 jda/jh 8/ 12

H.F. 2538 20 U.S.C. §1232g. 1 (4) The federal Americans with Disabilities Act of 1990, 42 2 U.S.C. §12101 et seq. 3 b. Supersede, abrogate, or preempt any federal law, rule, 4 or regulation. 5 c. Relieve any person from any duties, obligations, or 6 requirements imposed by federal law. 7 Sec. 6. NEW SECTION . 279.89 Teacher authority to request a 8 meeting of a student’s individualized education program team. 9 1. For purposes of this section: 10 a. “Administrator” means the same as defined in section 11 256.145. 12 b. “Teacher” means the same as defined in section 256.145. 13 2. A teacher may request a meeting of a student’s 14 individualized education program team at any time by submitting 15 an electronic or written request to an administrator. 16 3. An administrator may deny a teacher’s request for a 17 meeting of a student’s individualized education program team 18 submitted pursuant to subsection 2; provided, however, that 19 such a denial must satisfy all of the following requirements: 20 a. Be provided to the teacher in writing. 21 b. Describe why applicable federal law does not require the 22 meeting of the student’s individualized education program team. 23 Sec. 7. REPEAL. 2013 Iowa Acts, chapter 121, is repealed. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to education, including by modifying 28 provisions related to the Iowa school performance profiles 29 published by the department of education; the discipline of 30 students enrolled in school districts, charter schools, and 31 innovation zone schools who exhibit disorderly conduct in the 32 classroom; and authorizing teachers to request a meeting of a 33 student’s individualized education program team. 34 Pursuant to the federal Every Student Succeeds Act and 2013 35 -9- LSB 5471HV (2) 91 jda/jh 9/ 12

H.F. 2538 Iowa Acts, chapter 121, section 73, the department of education 1 is required to publish on the department’s internet site an 2 online tool showing how public schools performed on certain 3 required measures. The bill repeals 2013 Iowa Acts, chapter 4 121, and codifies the substance of the requirements contained 5 in section 73 in new Code section 256.20. The bill provides 6 that for purposes of calculating a performance grade for a 7 school district or an attendance center, a school district’s 8 or attendance center’s performance grade shall be positively 9 affected by the school district’s efforts to create a safe 10 learning environment, including by suspending or expelling a 11 student due to the student’s disorderly conduct or contacting 12 law enforcement due to the student’s disorderly conduct. 13 The bill authorizes a teacher to exclude from the teacher’s 14 classroom and place under the supervision of the principal 15 any student who, while in the teacher’s classroom, engages in 16 disorderly conduct; threatens, abuses, intimidates, or attempts 17 to intimidate another student or any school employee; or uses 18 abusive or profane language. A student who is enrolled in 19 kindergarten through grade five, and who was excluded from a 20 teacher’s classroom, shall not be readmitted to the teacher’s 21 classroom until after the principal provides written notice to 22 the teacher indicating that the student will be readmitted. A 23 student who is enrolled in grades 6 through 12, and who was 24 excluded from a teacher’s classroom, shall not be readmitted 25 to the teacher’s classroom until after the principal provides 26 written notice to the teacher indicating that the student will 27 be readmitted, and such student shall not be readmitted to the 28 teacher’s classroom until, at the earliest, the immediately 29 subsequent school day. 30 The bill provides that if the principal determines that 31 disciplinary action should be taken against a student who was 32 excluded from a teacher’s classroom pursuant to the bill’s 33 provisions, then the principal is required to take such 34 disciplinary action and provide notice of such disciplinary 35 -10- LSB 5471HV (2) 91 jda/jh 10/ 12

H.F. 2538 action to the student’s parent or guardian. If a student 1 was excluded from a teacher’s classroom for the remainder 2 of a school day three times in any 30-day period, then the 3 principal is required to discipline the student by either 4 assigning the student to in-school or out-of-school suspension 5 or recommending to the superintendent that the student be 6 placed in an alternative learning environment that has been 7 approved by the superintendent. In addition, if a student 8 was excluded from a teacher’s classroom because the student’s 9 conduct, statements, or other actions were severe or pervasive, 10 then, if requested by the teacher, the principal shall impose 11 the maximum amount of punishment applicable to such conduct, 12 statements, or other actions as provided in policies adopted by 13 the board of directors of the school district or the governing 14 board of the charter school or innovation zone school. 15 The bill authorizes a teacher to appeal a principal’s 16 refusal to allow the teacher to exclude a student from the 17 teacher’s classroom, and a principal’s readmission of a 18 student to a teacher’s classroom prior to the time such student 19 should have been readmitted, to the board of directors of 20 the school district or the governing board of the charter 21 school or innovation zone school. The bill prohibits the 22 board of directors of a school district or the governing board 23 of a charter school or innovation zone school from taking 24 any disciplinary action against a teacher for exercising 25 the teacher’s appeal rights provided in the bill. The bill 26 establishes enforcement mechanisms in the event the board 27 of directors of the school district or the governing board 28 of the charter school or innovation zone school does take 29 a disciplinary action against a teacher for exercising the 30 teacher’s appeal rights provided in the bill. 31 The bill grants school district, charter school, and 32 innovation zone school employees immunity from any civil or 33 criminal liability which might otherwise be incurred or imposed 34 as a result of physical contact that occurs when the employee 35 -11- LSB 5471HV (2) 91 jda/jh 11/ 12

H.F. 2538 is addressing a student’s conduct, statements, or other actions 1 for which the student could be excluded from a teacher’s 2 classroom if the physical contact complies with Code section 3 280.21(2) (corporal punishment —— burden of proof). 4 The bill provides that if a teacher faces legal action, 5 disciplinary action, or professional sanctions for an action 6 the teacher takes under the teacher’s approved classroom 7 management plan, there shall be a rebuttable presumption in 8 such proceeding that the teacher’s action was necessary to 9 restore and maintain the safety or instruction atmosphere of 10 the teacher’s classroom. 11 The bill requires the board of directors of a school district 12 and the governing board of a charter school or innovation zone 13 school to immediately grant a teacher a leave of absence for 14 physical and mental recovery with full pay for at least five 15 days if the teacher is injured due to a student’s disorderly 16 conduct. 17 The bill requires a principal to carry out the principal’s 18 responsibilities under the bill’s provisions in an expeditious 19 manner and to carry out other specified responsibilities in an 20 expeditious manner. 21 The bill requires the policies adopted by the board of 22 directors of each school district and the governing board 23 of each charter school pursuant to Code section 279.65A 24 (discipline of students who make threats of violence or 25 cause incidents of violence) to be consistent with the bill’s 26 provisions. 27 The bill authorizes a teacher to request a meeting of 28 a student’s individualized education program team at any 29 time by submitting an electronic or written request to an 30 administrator. An administrator may deny such a request if the 31 denial is provided to the teacher in writing and describes why 32 applicable federal law does not require such a meeting. 33 The bill defines “administrator”, “disorderly conduct”, 34 “principal”, and “teacher”. 35 -12- LSB 5471HV (2) 91 jda/jh 12/ 12