Senate File 2044 - Introduced SENATE FILE 2044 BY GRUENHAGEN A BILL FOR An Act relating to the responsibilities of school districts and 1 charter schools related to the discipline of students who 2 cause violent or nonviolent disruptions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5879XS (3) 91 jda/jh

S.F. 2044 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 279.65A, Code 2026, is amended to read as 19 follows: 20 279.65A Discipline of students who make threats of violence 21 or cause incidents of violence cause violent or nonviolent 22 disruptions —— teacher authority . 23 1. The board of directors of each school district shall 24 adopt, in collaboration with teachers and administrative staff 25 employed by the school district, policies for different grade 26 levels that describe how a school district may discipline a 27 student for making a threat of violence or causing an incident 28 of violence that results in injury or property damage or 29 assault causing a violent disruption or nonviolent disruption . 30 All of the following shall apply to the policies: 31 1. a. The policies must incorporate strategies that are 32 designed to correct the student’s behavior. 33 2. b. The policies must provide for parent or guardian 34 conferences, counseling sessions, or mental health counseling 35 -1- LSB 5879XS (3) 91 jda/jh 1/ 8

S.F. 2044 sessions, when appropriate. The policies must provide that 1 the school district must receive the prior written consent of 2 the student’s parent or guardian before requiring the student 3 to participate in a counseling session or a mental health 4 counseling session. 5 3. c. The policies must be consistent with the all of the 6 following: 7 (1) The provisions of chapter 256B , the and the 8 administrative rules adopted by the state board for purposes 9 of chapter 256B , the federal . 10 (2) The federal Individuals with Disabilities Education 11 Act, 20 U.S.C. §1400 et seq. , and the federal . 12 (3) The federal Rehabilitation Act of 1973, as amended and 13 codified in 29 U.S.C. §701 et seq. 14 (4) The federal Family Educational Rights and Privacy Act, 15 20 U.S.C. §1232g et seq. 16 (5) The federal Americans with Disabilities Act of 1990, 42 17 U.S.C. §12101 et seq. 18 4. d. The policies must provide for escalating levels of 19 discipline each time the student makes a threat of violence 20 or causes an incident of violence that results in injury or 21 property damage or assault causes a violent disruption or 22 nonviolent disruption . 23 5. e. The policies must allow for the school district 24 to select the level of discipline that the school district 25 determines corresponds to the severity of the threat of 26 violence or incident of violence violent disruption or 27 nonviolent disruption . 28 6. f. The policies must allow the school district to 29 suspend the student, permanently remove the student from a 30 particular class, expel the student, or place the student in 31 an alternative learning environment, including a therapeutic 32 classroom, when appropriate. 33 7. g. The policies must require an individualized education 34 program meeting if the student who made the threat of violence 35 -2- LSB 5879XS (3) 91 jda/jh 2/ 8

S.F. 2044 or caused the incident of violence that resulted in injury 1 or property damage or assault caused a violent disruption or 2 nonviolent disruption, or who was removed from the classroom 3 pursuant to this subsection, has an individualized education 4 program. 5 h. (1) The policies must require each attendance center 6 within the school district to create a placement review 7 committee that is responsible for determining when a student 8 who was removed from a classroom pursuant to paragraph “i” or 9 “j” may return to the classroom. 10 (2) The placement review committee must consist of all of 11 the following members: 12 (a) Two teachers who work in the attendance center and who 13 must be selected by the teachers of the attendance center. 14 (b) One professional staff member who works in the 15 attendance center and who must be selected by the principal of 16 the attendance center. 17 i. (1) (a) The policies must authorize a teacher to remove 18 a student who causes a nonviolent disruption from the teacher’s 19 classroom and place the student under the supervision of the 20 principal of the attendance center in which the classroom is 21 located, or the principal’s designee, for at least thirty 22 minutes, as determined by the principal or the principal’s 23 designee in accordance with the policies. 24 (b) The policies must prohibit the principal, or the 25 principal’s designee, from returning a student who is removed 26 from the classroom pursuant to subparagraph division (a) 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 pursuant to paragraph “h” , 30 subparagraph (1). 31 (c) The policies must require the principal, or the 32 principal’s designee, to inform the teacher of the disciplinary 33 actions taken against the student removed from the classroom 34 pursuant to subparagraph division (a) as soon as is reasonably 35 -3- LSB 5879XS (3) 91 jda/jh 3/ 8

S.F. 2044 possible after the student’s removal. 1 (d) The policies must require a student who is removed from 2 the classroom pursuant to subparagraph division (a) to make up 3 any work that the student missed while the student was under 4 the supervision of the principal or the principal’s designee. 5 (2) The policies must require that, if a student is 6 removed from a teacher’s classroom pursuant to subparagraph 7 (1), subparagraph division (a), more than once in one school 8 year, the teacher or teachers who removed the student from the 9 classroom; the principal of the attendance center in which 10 the classroom or classrooms are located; a qualified guidance 11 counselor licensed by the board of educational examiners under 12 chapter 256, subchapter VII, part 3; the student’s parent or 13 legal guardian, if the student is not an emancipated minor; 14 and the student shall participate in a meeting to discuss the 15 student’s nonviolent disruptions and to establish a behavioral 16 plan and a course of discipline to correct the student’s 17 behavior, which may include placement in an alternative 18 learning environment, including a therapeutic classroom, when 19 appropriate. 20 j. (1) The policies must require a teacher to remove a 21 student who causes a violent disruption from the teacher’s 22 classroom and place the student under the supervision of the 23 principal of the attendance center in which the classroom is 24 located, or the principal’s designee. 25 (2) (a) The policies must prohibit the principal, or 26 the principal’s designee, from returning a student who is 27 removed from the classroom pursuant to subparagraph (1) to 28 the teacher’s classroom without the teacher’s consent, unless 29 the placement review committee determines that the student 30 should be returned to the classroom pursuant to paragraph “h” , 31 subparagraph (1). 32 (b) Notwithstanding paragraph “h” , subparagraph (1), and 33 subparagraph division (a), the policies must provide that the 34 placement review committee shall not have the authority to 35 -4- LSB 5879XS (3) 91 jda/jh 4/ 8

S.F. 2044 require a student to return to a teacher’s classroom if all of 1 the following criteria are satisfied: 2 (i) The teacher removed the student from the teacher’s 3 classroom because the student caused a violent disruption that 4 included the student assaulting the teacher. 5 (ii) The teacher does not consent to allowing the student to 6 return to the teacher’s classroom. 7 (3) The policies must require that a student removed 8 from the classroom pursuant to this paragraph be suspended, 9 expelled, or placed in an alternative learning environment, 10 including a therapeutic classroom, when appropriate, as 11 determined by the principal of the attendance center in which 12 the classroom is located in accordance with the policies. 13 8. k. The policies must be published on the school 14 district’s internet site and in applicable student handbooks. 15 2. For purposes of this section: 16 a. “Nonviolent disruption” includes but is not limited to a 17 disruption to classroom instruction that is a result of any of 18 the following: 19 (1) Disorderly conduct. 20 (2) Abusive or profane language. 21 (3) Bullying, as defined under section 280.28. 22 (4) Repeatedly disruptive behavior. 23 b. “Violent disruption” includes but is not limited to 24 a disruption to classroom instruction that is a result of a 25 threat of violence or an incident of violence that results in 26 any of the following: 27 (1) Injury. 28 (2) Property damage. 29 (3) Assault, as defined under section 708.1. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the responsibilities of school 34 districts and charter schools related to the discipline of 35 -5- LSB 5879XS (3) 91 jda/jh 5/ 8

S.F. 2044 students who cause violent or nonviolent disruptions. 1 Current Code section 279.65A requires school districts and, 2 through current Code section 256E.7(2)(m), charter schools, 3 to adopt, in collaboration with teachers and administrative 4 staff employed by the school, policies for different grade 5 levels that describe how a school may discipline a student for 6 making a threat of violence or causing an incident of violence 7 that results in injury or property damage or assault. Current 8 Code section 279.65A establishes requirements related to the 9 policies. 10 The bill modifies Code section 279.65A to require school 11 districts and charter schools to adopt, in collaboration with 12 teachers and administrative staff employed by the school, 13 policies for different grade levels that describe how a school 14 may discipline a student for causing a violent disruption 15 or nonviolent disruption. The bill defines “nonviolent 16 disruption” to include a disruption to classroom instruction 17 that is a result of disorderly conduct, abusive or profane 18 language, bullying, or repeatedly disruptive behavior. The 19 bill defines “violent disruption” to include a disruption to 20 classroom instruction that is a result of a threat of violence 21 or an incident of violence that results in injury, property 22 damage, or assault. 23 The policies must be consistent with the provisions of Code 24 chapter 256B (special education) and rules adopted by the state 25 board of education for purposes of Code chapter 256B and with 26 certain specified federal laws. 27 The policies must require each attendance center within the 28 school district to create a placement review committee that 29 is responsible for determining when a student who was removed 30 from the classroom pursuant to the bill’s provisions may return 31 to the classroom. The bill establishes the membership of the 32 placement review committee. 33 The policies must authorize a teacher to remove a student who 34 causes a nonviolent disruption from the teacher’s classroom and 35 -6- LSB 5879XS (3) 91 jda/jh 6/ 8

S.F. 2044 place the student under the supervision of the principal for at 1 least 30 minutes. A student who is removed from the classroom 2 pursuant to this provision is required to make up any work that 3 the student missed while the student was under the supervision 4 of the principal. In addition, the policies must prohibit the 5 principal from returning a student who is removed from the 6 classroom to the teacher’s classroom without the teacher’s 7 consent, unless the placement review committee determines that 8 the student should be returned to the classroom. The policies 9 must also require the principal to inform the teacher of the 10 disciplinary actions taken against the student who was removed 11 from the classroom as soon as is reasonably possible after 12 the student’s removal. The policies must require that if a 13 student is removed from the classroom more than once in one 14 school year, the teacher, a qualified guidance counselor, the 15 student’s parent or legal guardian, if the student is not an 16 emancipated minor, and the student are required to participate 17 in a meeting to discuss the student’s nonviolent disruptions 18 and to establish a behavioral plan and a course of discipline 19 to correct the student’s behavior, which may include placement 20 in an alternative learning environment. 21 The policies must require a teacher to remove a student who 22 causes a violent disruption from the teacher’s classroom and 23 place the student under the supervision of the principal. The 24 policies must prohibit the principal from returning a student 25 who is removed from the classroom pursuant to this provision to 26 the teacher’s classroom without the teacher’s consent, unless 27 the placement review committee determines that the student 28 should be returned to the classroom. However, the placement 29 review committee shall not have the authority to require a 30 student to return to a teacher’s classroom if the teacher 31 removed the student from the teacher’s classroom because the 32 student caused a violent disruption that included the student 33 assaulting the teacher, and the teacher does not consent to 34 allowing the student to return to the teacher’s classroom. The 35 -7- LSB 5879XS (3) 91 jda/jh 7/ 8

S.F. 2044 policies must require that a student removed from the classroom 1 pursuant to this provision be suspended, expelled, or placed in 2 an alternative learning environment. 3 The bill makes conforming changes. 4 -8- LSB 5879XS (3) 91 jda/jh 8/ 8