SF 2149 (LSB 5292XS (1) 91)

SENATE FILE 2149

BY  CAMPBELL

A BILL FOR

An Act relating to civil actions against school board members and superintendents for school policies that violate state law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  279.89  School policies in violation of state law —— civil actions against board members and superintendents.
   1.  If any person residing in a school district believes that the board of directors of the school district or the superintendent of the school district has adopted a policy that is in violation of any state law, the person may notify the county attorney of the county in which the school district’s central administrative office is located of the potential violation. The county attorney may bring a civil action against the members of the board of directors of the school district who voted in favor of adopting the policy that may be in violation of a state law, and against the superintendent of the school district, to compel the school district to comply with state law. A member who did not vote in favor of the alleged violation of state law shall not be named as a defendant in the action.
   2.  If the county attorney is the prevailing party in the civil action instituted pursuant to subsection 1, the court shall do all of following:
   a.  Grant the injunctive relief sought by the county attorney.
   b.  (1)  Award the county attorney an amount equal to the greater of the following:
   (a)  One thousand dollars for each defendant that the court finds adopted a policy that is in violation of state law.
   (b)  The costs the county attorney incurred in bringing the civil action, including costs related to the county attorney’s investigation.
   (2)  The court shall allocate the amount awarded equally among the defendants that the court finds adopted a policy that is in violation of state law.
   (3)  The moneys awarded shall be deposited in the general fund of the county for the use of the county attorney in carrying out the county attorney’s duties.
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 civil actions against school board members and superintendents for school policies that violate state law.
   The bill provides that if any person residing in a school district believes that the board of directors of the school district or the superintendent of the school district has adopted a policy that is in violation of any state law, the person may notify the county attorney of the potential violation. The county attorney may bring a civil action against the members of the board of directors of the school district who voted in favor of adopting the policy that may be in violation of a state law, and against the superintendent of the school district, to compel the school district to comply with state law. The bill establishes that if the county attorney is the prevailing party in the civil action, the court shall grant the injunctive relief sought by the county attorney and award the county attorney an amount equal to the greater of $1,000 for each defendant that the court finds adopted a policy that is in violation of state law or the costs the county attorney incurred in bringing the civil action. Any moneys awarded must be deposited in the general fund of the county for the use of the county attorney in carrying out the county attorney’s duties.