S.F. 2428 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 5879SV (2) 91 jda/jh 1/ 11

S.F. 2428 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 locate the 31 student in an alternative learning environment, including a 32 therapeutic 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 5879SV (2) 91 jda/jh 2/ 11

S.F. 2428 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 an oversight 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 oversight 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 oversight 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 5879SV (2) 91 jda/jh 3/ 11

S.F. 2428 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 15 the student’s nonviolent disruptions and to establish a 16 behavioral plan and a course of discipline to correct the 17 student’s behavior, which may include locating the student in 18 an alternative learning environment, including a therapeutic 19 classroom, when 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 oversight 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 oversight review committee shall not have the authority to 35 -4- LSB 5879SV (2) 91 jda/jh 4/ 11

S.F. 2428 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 located 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. Each principal, or principal’s designee, shall carry 16 out the principal’s or principal’s designee’s responsibilities 17 under this section in an expeditious manner and shall promptly 18 do all of the following: 19 a. Carry out all manifestation determination review 20 meetings, as required under section 504 of the federal 21 Rehabilitation Act, 29 U.S.C. §794, after a student is located 22 into a new learning environment. 23 b. Impose the appropriate amount of punishment in accordance 24 with policies adopted by the board of directors of the 25 school district and federal law when the student’s violent 26 disruption or nonviolent disruption is determined to not be a 27 manifestation of the student’s disability. 28 c. Perform functional behavior assessments as needed. 29 d. Adjust behavioral intervention plans as needed. 30 3. a. (1) If a student who has an individualized education 31 program is removed from the classroom pursuant to subsection 32 1, paragraph “i” or “j” , then the student’s individualized 33 education program team shall meet within ten days after the 34 student’s removal from the classroom to determine whether an 35 -5- LSB 5879SV (2) 91 jda/jh 5/ 11

S.F. 2428 alternative educational location is best for the student. 1 (2) The teacher who removed the student from the 2 classroom shall participate in the meeting of the student’s 3 individualized education program team described in subparagraph 4 (1) and must have the opportunity to provide input related 5 to the potential revision of the student’s individualized 6 education program. 7 b. During the meeting of the student’s individualized 8 education program team described in paragraph “a” , subparagraph 9 (1), the individualized education program team shall discuss 10 all of the following: 11 (1) Whether the nature or severity of the student’s 12 disability is such that education in regular classes with the 13 use of supplementary aids and services cannot be achieved 14 satisfactorily. 15 (2) The appropriateness of the student’s current 16 educational programming. 17 (3) Whether adjustments need to be made to the student’s 18 individualized education program to address the student’s 19 behaviors that led to the violent disruption or nonviolent 20 disruption. 21 (4) Whether the student’s current location or an 22 alternative learning environment would best provide the student 23 with a free appropriate public education. 24 (5) The accommodations, modifications, and adaptations 25 the student requires to be successful in a general education 26 environment; whether it is possible for these accommodations, 27 modifications, and adaptations to be provided within the 28 general education environment; and the supports that are needed 29 to assist the teacher and other personnel in providing these 30 accommodations, modifications, and adaptations. 31 (6) Whether and to what extent the receipt of special 32 education services and activities in the general education 33 environment will impact the student. 34 (7) Whether and to what extent the provision of special 35 -6- LSB 5879SV (2) 91 jda/jh 6/ 11

S.F. 2428 education services and activities in the general education 1 environment will impact other students. 2 c. If, after considering the least restrictive environment 3 requirements under the federal Individuals with Disabilities 4 Education Act, 20 U.S.C. §1400 et seq., the student’s 5 individualized education program team determines that the 6 nature or severity of the student’s disability is such that 7 education in regular classes with the use of supplementary 8 aids and services cannot be achieved satisfactorily, then 9 the student must be located into an alternative learning 10 environment that best suits the student’s educational needs. 11 4. Information related to a student’s violent disruptions 12 and nonviolent disruptions shall be incorporated, as necessary, 13 into the student’s individualized education program, behavioral 14 intervention plan, and other similar documents. 15 5. This section shall not be construed to infringe on any 16 right provided to any student under federal law, including but 17 not limited to any of the following: 18 a. The federal Individuals with Disabilities Education Act, 19 20 U.S.C. §1400 et seq. 20 b. The federal Family Educational Rights and Privacy Act, 21 20 U.S.C. §1232g. 22 c. Section 504 of the federal Rehabilitation Act, 29 U.S.C. 23 §794. 24 d. The federal Americans with Disabilities Act of 1990, 42 25 U.S.C. §12101 et seq. 26 6. For purposes of this section: 27 a. “Nonviolent disruption” includes but is not limited to a 28 disruption to classroom instruction that is a result of any of 29 the following: 30 (1) Disorderly conduct. 31 (2) Abusive or profane language. 32 (3) Bullying, as defined under section 280.28. 33 (4) Repeatedly disruptive behavior. 34 b. “Violent disruption” includes but is not limited to 35 -7- LSB 5879SV (2) 91 jda/jh 7/ 11

S.F. 2428 a disruption to classroom instruction that is a result of a 1 threat of violence or an incident of violence that results in 2 any of the following: 3 (1) Injury. 4 (2) Property damage. 5 (3) Assault, as defined under section 708.1. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to the responsibilities of school 10 districts and charter schools related to the discipline of 11 students who cause violent or nonviolent disruptions. 12 Current Code section 279.65A requires school districts and, 13 through current Code section 256E.7(2)(m), charter schools, 14 to adopt, in collaboration with teachers and administrative 15 staff employed by the school, policies for different grade 16 levels that describe how a school may discipline a student for 17 making a threat of violence or causing an incident of violence 18 that results in injury or property damage or assault. Current 19 Code section 279.65A establishes requirements related to the 20 policies. 21 The bill modifies Code section 279.65A to require school 22 districts and charter schools to adopt, in collaboration with 23 teachers and administrative staff employed by the school, 24 policies for different grade levels that describe how a school 25 may discipline a student for causing a violent disruption 26 or nonviolent disruption. The bill defines “nonviolent 27 disruption” to include a disruption to classroom instruction 28 that is a result of disorderly conduct, abusive or profane 29 language, bullying, or repeatedly disruptive behavior. The 30 bill defines “violent disruption” to include a disruption to 31 classroom instruction that is a result of a threat of violence 32 or an incident of violence that results in injury, property 33 damage, or assault. 34 The policies must be consistent with the provisions of Code 35 -8- LSB 5879SV (2) 91 jda/jh 8/ 11

S.F. 2428 chapter 256B (special education) and rules adopted by the state 1 board of education for purposes of Code chapter 256B and with 2 certain specified federal laws. 3 The policies must require each attendance center within the 4 school district to create an oversight review committee that 5 is responsible for determining when a student who was removed 6 from the classroom pursuant to the bill’s provisions may return 7 to the classroom. The bill establishes the membership of the 8 oversight review committee. 9 The policies must authorize a teacher to remove a student 10 who causes a nonviolent disruption from the teacher’s classroom 11 and locate the student under the supervision of the principal 12 for at least 30 minutes. A student who is removed from the 13 classroom pursuant to this provision is required to make up 14 any work that the student missed while the student was under 15 the supervision of the principal. In addition, the policies 16 must prohibit the principal from returning a student who 17 is removed from the classroom to the teacher’s classroom 18 without the teacher’s consent, unless the oversight review 19 committee determines that the student should be returned to the 20 classroom. The policies must also require the principal to 21 inform the teacher of the disciplinary actions taken against 22 the student who was removed from the classroom as soon as is 23 reasonably possible after the student’s removal. The policies 24 must require that if a student is removed from the classroom 25 more than once in one school year, the teacher, a qualified 26 guidance counselor, the student’s parent or legal guardian, if 27 the student is not an emancipated minor, and the student are 28 required to participate in a meeting to discuss the student’s 29 nonviolent disruptions and to establish a behavioral plan and a 30 course of discipline to correct the student’s behavior, which 31 may include locating the student in an alternative learning 32 environment. 33 The policies must require a teacher to remove a student who 34 causes a violent disruption from the teacher’s classroom and 35 -9- LSB 5879SV (2) 91 jda/jh 9/ 11

S.F. 2428 place the student under the supervision of the principal. The 1 policies must prohibit the principal from returning a student 2 who is removed from the classroom pursuant to this provision to 3 the teacher’s classroom without the teacher’s consent, unless 4 the oversight review committee determines that the student 5 should be returned to the classroom. However, the oversight 6 review committee shall not have the authority to require a 7 student to return to a teacher’s classroom if the teacher 8 removed the student from the teacher’s classroom because the 9 student caused a violent disruption that included the student 10 assaulting the teacher, and the teacher does not consent to 11 allowing the student to return to the teacher’s classroom. The 12 policies must require that a student removed from the classroom 13 pursuant to this provision be suspended, expelled, or located 14 in an alternative learning environment. 15 The bill requires each principal, or principal’s 16 designee, to carry out the principal’s or principal’s 17 designee’s responsibilities under the bill’s provisions in an 18 expeditious manner and to promptly carry out all manifestation 19 determination review meetings after a student is located 20 into a new learning environment; impose the appropriate 21 amount of punishment when the student’s violent disruption or 22 nonviolent disruption is determined to not be a manifestation 23 of the student’s disability; and perform functional behavior 24 assessments and adjust behavioral intervention plans as needed. 25 The bill provides that if a student who has an individualized 26 education program is removed from the classroom pursuant to 27 the bill’s provisions, then the student’s individualized 28 education program team is required to meet within 10 days after 29 the removal to determine whether an alternative educational 30 location is best for the student. The teacher who removed the 31 student from the classroom is required to participate in this 32 meeting and must have the opportunity to provide input related 33 to the potential revision of the student’s individualized 34 education program. The bill establishes topics the student’s 35 -10- LSB 5879SV (2) 91 jda/jh 10/ 11

S.F. 2428 individualized education program team is required to discuss 1 during this meeting. If, after considering the least 2 restrictive environment requirements under applicable federal 3 law, the individualized education program team determines that 4 the nature or severity of the student’s disability is such that 5 education in regular classes with the use of supplementary 6 aids and services cannot be achieved satisfactorily, then 7 the student must be located into an alternative learning 8 environment that best suits the student’s educational needs. 9 The bill requires that information related to the student’s 10 violent disruptions and nonviolent disruptions be incorporated, 11 as necessary, into the student’s individualized education 12 program, behavioral intervention plan, and other similar 13 documents. 14 The bill makes conforming changes. 15 -11- LSB 5879SV (2) 91 jda/jh 11/ 11