HF 2538 (LSB 5471HV (2) 91)

HOUSE FILE 2538

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HF 2122)

A BILL FOR

An Act relating to education, including by modifying provisions related to the Iowa school performance profiles published by the department of education, the discipline of students enrolled in school districts, charter schools, and innovation zone schools who exhibit disorderly conduct in the classroom, and authorizing teachers to request a meeting of a student’s individualized education program team.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  256.20  School performance grades and report cards.
   1.  a.  The department shall develop criteria and a process for school districts to use to establish specific performance goals and to evaluate the performance of each attendance center operated by the school district in order to arrive at an overall school performance grade and report card for each attendance center. The criteria must include but are not limited to all of the following:
   (1)  Student academic growth.
   (2)  Parental involvement.
   (3)  Student attendance.
   (4)  Employee turnover.
   (5)  Community activities and involvement.
   b.  The department shall post the information described in paragraph “a” on the department’s internet site with information for each attendance center listed separately.
   2.  a.  The department shall develop an achievement score that calculates aggregate growth as well as aggregate proficiency of students which when combined with other academic indicators results in an overall school performance grade for each attendance center in the school district.
   b.  For purposes of calculating the performance grade, if a student returns to the school after dropping out and subsequently drops out again, the student’s second or subsequent dropping out of school shall not adversely affect the school district’s or attendance center’s performance grade.
   c.  (1)  For purposes of calculating the performance grade, the school district’s or attendance center’s performance grade shall be positively affected by the school district’s efforts to create a safe learning environment, including by doing any of the following:
   (a)  Suspending or expelling a student due to the student’s disorderly conduct.
   (b)  Contacting law enforcement due to a student’s disorderly conduct.
   (2)  For purposes of this paragraph, “disorderly conduct” means intentional conduct to which any of the following applies:
   (a)  Constitutes violent behavior or a threat of violent behavior.
   (b)  Disrupts, disturbs, or interferes with any services provided by the school district.
   (c)  Disturbs the peace, order, or discipline within the classroom.
   3.  a.  The performance grade may also be used as one measure to rank and classify schools into the following performance categories:
   (1)  Exceptional.
   (2)  High performing.
   (3)  Commendable.
   (4)  Acceptable.
   (5)  Needs improvement.
   (6)  Priority.
   b.  The categories described in paragraph “a” may be used to do all of the following:
   (1)  Define support and specialized assistance to schools classified as needs improvement or priority.
   (2)  Recognize schools designated exceptional or high performing.
   c.  The department shall calculate a closing gap score as another measure to determine subgroup performance and to rank and classify attendance centers.
   4.  a.  When calculating the performance grade, the department shall utilize other academic-related indicators, including but not limited to all of the following:
   (1)  Graduation rates.
   (2)  Attendance rates.
   (3)  College-readiness rates.
   (4)  Efforts to create a safe learning environment.
   b.  When calculating the performance grade, the department may utilize other indicators of academic success and progress, including all of the following:
   (1)  Post-graduation data.
   (2)  Suspension and expulsion rates.
   (3)  Levels of student engagement.
   (4)  Parent satisfaction.
   (5)  Parent engagement.
   (6)  Employee working conditions.
    Sec. 2.  Section 256E.7, subsection 2, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0n.  Be subject to and comply with the requirements of section 279.65B relating to the discipline of students who exhibit disorderly conduct in the classroom in the same manner as a school district.
    Sec. 3.  Section 256F.4, subsection 2, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  v.  Be subject to and comply with the requirements of section 279.65B relating to the discipline of students who exhibit disorderly conduct in the classroom in the same manner as a school district.
    Sec. 4.  Section 279.65A, subsection 3, Code 2026, is amended to read as follows:
   3.  The policies must be consistent with the all of the following: 
   a.  The provisions of chapter 256B, and the administrative rules adopted by the state board for purposes of chapter 256B, the. 
   b.  The federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq., and the 
   c.  The federal Rehabilitation Act of 1973, as amended and codified in 29 U.S.C. §701 et seq.
   d.  Section 279.65B.
    Sec. 5.  NEW SECTION.  279.65B  Discipline of students for disorderly conduct.
   1.  As used in this section:
   a.  “Disorderly conduct” means intentional conduct to which any of the following applies:
   (1)  Constitutes violent behavior or a threat of violent behavior.
   (2)  Disrupts, disturbs, or interferes with any services provided by the school district.
   (3)  Disturbs the peace, order, or discipline within the classroom.
   b.  “Principal” means the same as defined in section 256.145. “Principal” includes all of the following:
   (1)  An assistant principal.
   (2)  A vice principal.
   (3)  An administrator who is responsible for the day-to-day operations of an attendance center.
   c.  “Teacher” means the same as defined in section 256.145.
   2.  a.  A teacher may exclude from the teacher’s classroom and place under the supervision of the principal any student who does any of the following while in the teacher’s classroom:
   (1)  Engages in disorderly conduct.
   (2)  Threatens, abuses, intimidates, or attempts to intimidate another student or any school employee.
   (3)  Uses abusive or profane language.
   b.  (1)  A student who is enrolled in kindergarten through grade five, and who was excluded from a teacher’s classroom pursuant to paragraph “a”, shall not be readmitted to the teacher’s classroom until after the principal provides written notice to the teacher indicating that the student will be readmitted.
   (2)  A student who is enrolled in grades six through twelve, and who was excluded from a teacher’s classroom pursuant to paragraph “a”, shall not be readmitted to the teacher’s classroom until after the principal provides written notice to the teacher indicating that the student will be readmitted. Such student shall not be readmitted to the teacher’s classroom until, at the earliest, the immediately subsequent school day.
   3.  a.  If the principal determines that disciplinary action should be taken against a student who was excluded from a teacher’s classroom pursuant to subsection 2, then the principal shall do all of the following:
   (1)  Take such disciplinary action.
   (2)   Provide written and, if possible, electronic notice of such disciplinary action to the student’s parent or guardian.
   b.  (1)  If a student was excluded from a teacher’s classroom for the remainder of a school day pursuant to subsection 2 three times in any thirty-day period, then the principal shall discipline the student by doing any of the following:
   (a)  Assigning the student to either in-school or out-of-school suspension.
   (b)  Recommending to the superintendent that the student be located in an alternative learning environment that has been approved by the superintendent.
   (2)  If a student was excluded from a teacher’s classroom pursuant to subsection 2 because the student’s conduct, statements, or other actions were severe or pervasive, and, if requested by the teacher, then the principal shall impose the maximum amount of punishment applicable to such conduct, statements, or other actions as provided in policies adopted by the board of directors of the school district, including placing the student in an alternative learning environment that has been approved by the superintendent.
   4.  If a student who has an individualized education program was excluded from a teacher’s classroom pursuant to subsection 2, then all of the following shall apply:
   a.  Any employees of the school district who do not hold a license issued by the board of educational examiners, including para-educators and bus drivers, and who were directly involved in the student’s conduct, statements, or other actions that led to exclusion from the classroom, shall participate in the meeting of the student’s individualized education program team that takes place immediately subsequent to the student’s exclusion from the classroom.
   b.  In the meeting of the student’s individualized education program team that takes place immediately subsequent to the student’s exclusion from the classroom, the student’s individualized education program team shall discuss all of the following:
   (1)  The appropriateness of the student’s current educational programming.
   (2)  Whether adjustments need to be made to the student’s individualized education program to address the student’s behaviors.
   (3)  Whether the student’s current placement or an alternative learning environment would best provide the student with a free appropriate public education.
   (4)  The accommodations, modifications, and adaptations that are required to allow the student to be successful in a general education setting, what supports are needed to assist the teacher and other school district employees in providing those accommodations, modifications, and adaptations, and whether it is possible for the school district to provide those supports, accommodations, modifications, and adaptations.
   (5)  Whether and to what extent the provision of special education services and activities in the general education environment will impact the student and the other students in the classroom.
   c.  If the student was excluded from the classroom five or more times within any fifteen-consecutive-school-day period, then the student’s individualized education program team shall meet to discuss the student’s behavior.
   5.  a.  A teacher may appeal all of the following to the board of directors of the school district:
   (1)  A principal’s refusal to allow the teacher to exclude a student from the teacher’s classroom pursuant to subsection 2, paragraph “a”.
   (2)  A principal’s readmission of a student to the teacher’s classroom prior to the time such student should have been readmitted pursuant to subsection 2, paragraph “b”.
   b.  The board of directors of a school district shall not take any disciplinary action against a teacher for exercising the teacher’s appeal rights described in paragraph “a”. For purposes of this paragraph, “disciplinary action” includes termination of employment or the contractual relationship, suspension from employment, demotion, financial penalties, failing to take action regarding a teacher’s promotion or proposed promotion, failing to provide an advantage in employment or the contractual relationship, and written or verbal reprimands.
   c.  All of the following shall apply if the board of directors of a school district violates paragraph “b”:
   (1)  The teacher may enforce the teacher’s rights under this section through a civil action.
   (2)  The board of directors of the school district is liable to the aggrieved teacher for affirmative relief including reinstatement, with or without back pay, civil damages in an amount not to exceed three times the annual wages and benefits received by the aggrieved teacher prior to the violation of paragraph “b”, and any other equitable relief the court deems appropriate, including attorney fees and costs.
   (3)  When the board of directors of a school district commits, is committing, or proposes to commit an act in violation of paragraph “b”, an injunction may be granted through an action in district court to prohibit the board of directors of the school district from continuing such acts. The action for injunctive relief may be brought by an aggrieved teacher, the county attorney, or the person providing human resource management for the board of directors of the school district.
   6.  A school district employee shall be granted immunity from any civil or criminal liability which might otherwise be incurred or imposed as a result of physical contact that occurs when the employee is addressing a student’s conduct, statements, or other actions for which the student could be excluded from a teacher’s classroom pursuant to subsection 2 if the physical contact complies with section 280.21, subsection 2.
   7.  If a teacher faces legal action, disciplinary action, or professional sanctions for an action the teacher takes under the teacher’s approved classroom management plan, there shall be a rebuttable presumption in such proceeding that the teacher’s action was necessary to restore and maintain the safety or instruction atmosphere of the teacher’s classroom.
   8.  The board of directors of a school district shall immediately grant a teacher a leave of absence for physical and mental recovery with full pay for at least five days if the teacher is injured due to a student’s disorderly conduct.
   9.  Each principal shall carry out the principal’s responsibilities under this section in an expeditious manner, and shall do all of the following in an expeditious manner:
   a.  Carry out all manifestation determination review meetings, as required under section 504 of the federal Rehabilitation Act, 29 U.S.C. §794.
   b.  Impose the appropriate amount of punishment in accordance with policies adopted by the board of directors of the school district and federal law.
   c.  Perform functional behavior assessments as needed.
   d.  Adjust behavioral intervention plans as needed.
   10.  This section shall not be construed to do any of the following:
   a.  Infringe on any right provided to any student under federal law, including but not limited to all of the following:
   (1)  Section 504 of the federal Rehabilitation Act, 29 U.S.C. §794.
   (2)  The federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.
   (3)  The federal Family Educational Rights and Privacy Act, 20 U.S.C. §1232g.
   (4)  The federal Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq.
   b.  Supersede, abrogate, or preempt any federal law, rule, or regulation.
   c.  Relieve any person from any duties, obligations, or requirements imposed by federal law.
    Sec. 6.  NEW SECTION.  279.89  Teacher authority to request a meeting of a student’s individualized education program team.
   1.  For purposes of this section:
   a.  “Administrator” means the same as defined in section 256.145.
   b.  “Teacher” means the same as defined in section 256.145.
   2.  A teacher may request a meeting of a student’s individualized education program team at any time by submitting an electronic or written request to an administrator.
   3.  An administrator may deny a teacher’s request for a meeting of a student’s individualized education program team submitted pursuant to subsection 2; provided, however, that such a denial must satisfy all of the following requirements:
   a.  Be provided to the teacher in writing.
   b.  Describe why applicable federal law does not require the meeting of the student’s individualized education program team.
    Sec. 7.  REPEAL.  2013 Iowa Acts, chapter 121, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to education, including by modifying provisions related to the Iowa school performance profiles published by the department of education; the discipline of students enrolled in school districts, charter schools, and innovation zone schools who exhibit disorderly conduct in the classroom; and authorizing teachers to request a meeting of a student’s individualized education program team.
   Pursuant to the federal Every Student Succeeds Act and 2013 Iowa Acts, chapter 121, section 73, the department of education is required to publish on the department’s internet site an online tool showing how public schools performed on certain required measures. The bill repeals 2013 Iowa Acts, chapter 121, and codifies the substance of the requirements contained in section 73 in new Code section 256.20. The bill provides that for purposes of calculating a performance grade for a school district or an attendance center, a school district’s or attendance center’s performance grade shall be positively affected by the school district’s efforts to create a safe learning environment, including by suspending or expelling a student due to the student’s disorderly conduct or contacting law enforcement due to the student’s disorderly conduct.
   The bill authorizes a teacher to exclude from the teacher’s classroom and place under the supervision of the principal any student who, while in the teacher’s classroom, engages in disorderly conduct; threatens, abuses, intimidates, or attempts to intimidate another student or any school employee; or uses abusive or profane language. A student who is enrolled in kindergarten through grade five, and who was excluded from a teacher’s classroom, shall not be readmitted to the teacher’s classroom until after the principal provides written notice to the teacher indicating that the student will be readmitted. A student who is enrolled in grades 6 through 12, and who was excluded from a teacher’s classroom, shall not be readmitted to the teacher’s classroom until after the principal provides written notice to the teacher indicating that the student will be readmitted, and such student shall not be readmitted to the teacher’s classroom until, at the earliest, the immediately subsequent school day.
   The bill provides that if the principal determines that disciplinary action should be taken against a student who was excluded from a teacher’s classroom pursuant to the bill’s provisions, then the principal is required to take such disciplinary action and provide notice of such disciplinary action to the student’s parent or guardian. If a student was excluded from a teacher’s classroom for the remainder of a school day three times in any 30-day period, then the principal is required to discipline the student by either assigning the student to in-school or out-of-school suspension or recommending to the superintendent that the student be placed in an alternative learning environment that has been approved by the superintendent. In addition, if a student was excluded from a teacher’s classroom because the student’s conduct, statements, or other actions were severe or pervasive, then, if requested by the teacher, the principal shall impose the maximum amount of punishment applicable to such conduct, statements, or other actions as provided in policies adopted by the board of directors of the school district or the governing board of the charter school or innovation zone school.
   The bill authorizes a teacher to appeal a principal’s refusal to allow the teacher to exclude a student from the teacher’s classroom, and a principal’s readmission of a student to a teacher’s classroom prior to the time such student should have been readmitted, to the board of directors of the school district or the governing board of the charter school or innovation zone school. The bill prohibits the board of directors of a school district or the governing board of a charter school or innovation zone school from taking any disciplinary action against a teacher for exercising the teacher’s appeal rights provided in the bill. The bill establishes enforcement mechanisms in the event the board of directors of the school district or the governing board of the charter school or innovation zone school does take a disciplinary action against a teacher for exercising the teacher’s appeal rights provided in the bill.
   The bill grants school district, charter school, and innovation zone school employees immunity from any civil or criminal liability which might otherwise be incurred or imposed as a result of physical contact that occurs when the employee is addressing a student’s conduct, statements, or other actions for which the student could be excluded from a teacher’s classroom if the physical contact complies with Code section 280.21(2) (corporal punishment —— burden of proof).
   The bill provides that if a teacher faces legal action, disciplinary action, or professional sanctions for an action the teacher takes under the teacher’s approved classroom management plan, there shall be a rebuttable presumption in such proceeding that the teacher’s action was necessary to restore and maintain the safety or instruction atmosphere of the teacher’s classroom.
   The bill requires the board of directors of a school district and the governing board of a charter school or innovation zone school to immediately grant a teacher a leave of absence for physical and mental recovery with full pay for at least five days if the teacher is injured due to a student’s disorderly conduct.
   The bill requires a principal to carry out the principal’s responsibilities under the bill’s provisions in an expeditious manner and to carry out other specified responsibilities in an expeditious manner.
   The bill requires the policies adopted by the board of directors of each school district and the governing board of each charter school pursuant to Code section 279.65A (discipline of students who make threats of violence or cause incidents of violence) to be consistent with the bill’s provisions.
   The bill authorizes a teacher to request a meeting of a student’s individualized education program team at any time by submitting an electronic or written request to an administrator. An administrator may deny such a request if the denial is provided to the teacher in writing and describes why applicable federal law does not require such a meeting.
   The bill defines “administrator”, “disorderly conduct”, “principal”, and “teacher”.