Senate File 2360 - Reprinted SENATE FILE 2360 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SF 2190) (SUCCESSOR TO SSB 3080) (As Amended and Passed by the Senate February 25, 2020 ) A BILL FOR An Act relating to classroom management and related 1 practitioner preparation procedures for reporting classroom 2 violence and assaults, to corporal punishment, establishing 3 a grant program and fund for creation of therapeutic 4 classrooms, providing claims reimbursement to school 5 districts for costs relating to therapeutic classrooms, 6 making appropriations, and including effective date 7 provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 SF 2360 (4) 88 kh/jh/mb

S.F. 2360 Section 1. Section 256.9, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 60. Develop, establish, and distribute 3 to school districts evidence-based standards, guidelines, and 4 expectations for the appropriate and inappropriate responses 5 to behavior in the classroom that presents an imminent threat 6 of bodily injury to a student or another person and for the 7 reasonable, necessary, and appropriate physical restraint 8 of a student, consistent with rules adopted by the state 9 board pursuant to section 280.21. The director shall consult 10 with the area education agencies to create comprehensive and 11 consistent standards and guidance for professional development 12 relating to successfully educating individuals in the least 13 restrictive environment, and for evidence-based interventions 14 consistent with the standards established pursuant to this 15 subsection. 16 Sec. 2. Section 256.16, subsection 1, paragraph c, Code 17 2020, is amended to read as follows: 18 c. Include in the professional education program, 19 preparation that contributes to the education of students 20 with disabilities and students who are gifted and talented, 21 preparation in developing and implementing individualized 22 education programs and behavioral intervention plans, 23 preparation for educating individuals in the least restrictive 24 environment and identifying that environment, and strategies 25 that address difficult and violent student behavior and 26 improve academic engagement and achievement, and preparation in 27 classroom management addressing high-risk behaviors including , 28 but not limited to , behaviors related to substance abuse. 29 Preparation required under this paragraph must be successfully 30 completed before graduation from the practitioner preparation 31 program. 32 Sec. 3. NEW SECTION . 256.25 Therapeutic classroom incentive 33 grant program —— fund. 34 1. The department shall create a therapeutic classroom 35 -1- SF 2360 (4) 88 kh/jh/mb 1/ 14

S.F. 2360 incentive grant program to provide competitive grants to school 1 districts for the establishment of therapeutic classrooms. 2 2. A school district, which may collaborate and partner 3 with one or more school districts, area education agencies, 4 accredited nonpublic schools, nonprofit agencies, and 5 institutions that provide children’s mental health services, 6 located in mental health and disability services regions 7 providing children’s behavioral health services in accordance 8 with chapter 331, subchapter III, part 6, may apply for a grant 9 under this program to establish a therapeutic classroom in the 10 school district in accordance with this section. 11 3. The department shall develop a grant application 12 and selection and evaluation criteria. Selection criteria 13 shall include a method for prioritizing grant applications 14 submitted by school districts located in mental health and 15 disability services regions providing children’s behavioral 16 health services in accordance with chapter 331, subchapter III, 17 part 6, with those proposing to serve the most students given 18 highest priority. 19 4. a. The department may disburse moneys contained in 20 the therapeutic classroom incentive fund as grants to school 21 districts for the establishment of therapeutic classrooms. 22 b. The total amount of funding awarded for the establishment 23 of therapeutic classrooms for a fiscal year shall not exceed 24 an amount equivalent to the state cost per pupil multiplied by 25 weighting of one and one-half pupil calculated for one hundred 26 fifty pupils. 27 c. Grant awards shall be made for the establishment of 28 therapeutic classrooms with one to five pupils, classrooms 29 with six to ten pupils, and classrooms with eleven to fifteen 30 pupils. 31 d. For purposes of calculating a therapeutic classroom grant 32 award, the department shall determine grant awards based on the 33 following: 34 (1) For classrooms with one to five pupils, using the state 35 -2- SF 2360 (4) 88 kh/jh/mb 2/ 14

S.F. 2360 cost per pupil multiplied by weighting of one and one-half 1 pupil multiplied by five. 2 (2) For classrooms with six to ten pupils, using the state 3 cost per pupil multiplied by weighting of one and one-half 4 pupil multiplied by ten. 5 (3) For classrooms with eleven to fifteen pupils, using 6 the state cost per pupil multiplied by weighting of one and 7 one-half pupil multiplied by fifteen. 8 e. Grant moneys shall be distributed after December 31 but 9 before the start of the school calendar for start-up costs for 10 a new therapeutic classroom in the fall semester. 11 5. A therapeutic classroom incentive fund is established 12 in the state treasury under the control of the department. 13 Moneys credited to the fund are appropriated to the department 14 for purposes of distributing grants under this section. The 15 department may accept gifts, grants, bequests, and other 16 private contributions, as well as state or federal moneys, 17 for deposit in the fund. Moneys available in the therapeutic 18 classroom incentive fund for a fiscal year shall be distributed 19 as grants pursuant to this section. Notwithstanding section 20 8.33, moneys in the fund at the close of the fiscal year shall 21 not revert but shall remain available for expenditure for the 22 purposes designated for subsequent fiscal years. 23 6. Placement of a child requiring special education under 24 chapter 256B in a therapeutic classroom, whether or not the 25 school district operating such classroom receives funds under 26 this section, is subject to the provisions of chapter 256B, 27 to the administrative rules adopted by the state board for 28 purposes of chapter 256B, and to the federal Individuals with 29 Disabilities Education Act, 20 U.S.C. §1400 et seq., and shall 30 not violate such laws, rules, or regulations. 31 7. For purposes of this section, “therapeutic classroom” 32 means a classroom designed for the purpose of providing support 33 for any student whose emotional, social, or behavioral needs 34 interfere with the student’s ability to be successful in the 35 -3- SF 2360 (4) 88 kh/jh/mb 3/ 14

S.F. 2360 current educational environment, with or without supports, 1 until the student is able to successfully return to the 2 student’s current education environment, with or without 3 supports, including but not limited to the general education 4 classroom. 5 Sec. 4. NEW SECTION . 256.25A Therapeutic classroom —— 6 claims. 7 1. A school district may submit claims to the department 8 for the costs of providing therapeutic classroom services and 9 transportation services in accordance with this section. 10 a. (1) If the general assembly appropriates moneys for 11 purposes of transportation claims reimbursement in accordance 12 with this paragraph “a” , a school district may submit a claim 13 for reimbursement for transportation services for students 14 who are enrolled in the school district or in an accredited 15 nonpublic school located within the boundaries of the school 16 district, who have not been assigned a weighting under section 17 256B.9, but who are assigned to a therapeutic classroom that is 18 located more than thirty miles from the school designated for 19 attendance or accredited nonpublic school and is operated by 20 another school district or accredited nonpublic school under 21 an agreement between the school districts or between a school 22 district and an accredited nonpublic school. 23 (2) Claims for transportation reimbursement shall be 24 made to the department by the school district providing 25 transportation during a school year pursuant to subparagraph 26 (1). Claims submitted under this paragraph “a” shall be on a 27 form prescribed by the department, and the claim shall include 28 the number of eligible pupils transported, the number of days 29 each pupil was transported, and a listing of the actual costs 30 incurred. On or before December 1, 2022, the director of 31 the department shall review the data collected through the 32 claims process and shall prepare and submit to the general 33 assembly a report containing an analysis of the efficacy of 34 claims reimbursement in accordance with this section and 35 -4- SF 2360 (4) 88 kh/jh/mb 4/ 14

S.F. 2360 recommendations for changes as appropriate. 1 b. (1) For each fiscal year beginning on or after July 2 1, 2021, there is appropriated from the general fund of the 3 state to the department an amount necessary to pay all approved 4 claims submitted under this paragraph “b” . 5 (2) A school district that provides a therapeutic classroom 6 to students enrolled in a school district or an accredited 7 nonpublic school may submit claims to the department for 8 students assigned to such a classroom during the preceding 9 school budget year who are not assigned a weighting under 10 section 256B.9, subsection 1, paragraph “b” , “c” , or “d” , and 11 for whom behavioral intervention plans have been implemented. 12 (3) The amount of the claim shall be equal to the product of 13 the following amounts: 14 (a) The product of one and five-tenths multiplied by the 15 regular program district cost per pupil for the budget year 16 during which the students identified under subparagraph (2) 17 were assigned to the therapeutic classroom. 18 (b) The quotient of the total number of days the students 19 identified under subparagraph (2) were served in a therapeutic 20 classroom divided by the maximum number of school days in the 21 school district’s calendar. 22 (4) Using end-of-year data submitted by each school 23 district through student-level data collection, the department 24 shall make claim forms available to each eligible school 25 district containing the available data. 26 2. Nonpublic school students assigned to a therapeutic 27 classroom under subsection 1, paragraph “b” , shall be enrolled 28 in a school district as shared-time pupils under section 29 257.6, subsection 1, paragraph “a” , subparagraph (7), in order 30 for the school district to submit a claim for reimbursement 31 for services provided to such students under subsection 1, 32 paragraph “b” . 33 3. The department shall prorate the amount of claims 34 reimbursement under subsection 1, paragraph “a” , if the 35 -5- SF 2360 (4) 88 kh/jh/mb 5/ 14

S.F. 2360 amount of reimbursement claimed for all school districts under 1 subsection 1, paragraph “a” , exceeds the amount appropriated 2 by the general assembly for such purpose plus any available 3 remaining balances from prior fiscal years. 4 4. The costs of providing transportation to nonpublic 5 school pupils as provided in this section shall not be included 6 in the computation of district cost under chapter 257, but 7 shall be shown in the budget as an expense from miscellaneous 8 income. Any transportation reimbursements received by a 9 school district for transporting nonpublic school pupils shall 10 not affect district cost limitations of chapter 257. The 11 reimbursements provided in this section are miscellaneous 12 income as defined in section 257.2. 13 5. By June 15 of each year, school districts with eligible 14 claims shall submit such claims to the department. By July 1 15 of each year, the department shall draw warrants payable to 16 school districts which have established claims. 17 6. The state board shall adopt rules pursuant to chapter 17A 18 to administer this section. 19 7. For purposes of this section, “therapeutic classroom” 20 means the same as defined in section 256.25, subsection 7. 21 Sec. 5. Section 256B.2, subsection 2, Code 2020, is amended 22 to read as follows: 23 2. a. It is the policy of this state to require school 24 districts and state-operated educational programs to provide 25 or make provision, as an integral part of public education, 26 for a free and appropriate public education sufficient to 27 meet the needs of all children requiring special education. 28 This chapter is not to be construed as encouraging separate 29 facilities or segregated programs designed to meet the needs 30 of children requiring special education when the children can 31 benefit from all or part of the education program as offered 32 by the local school district. To the maximum extent possible, 33 children Children requiring special education shall , consistent 34 with the least restrictive environment requirements under the 35 -6- SF 2360 (4) 88 kh/jh/mb 6/ 14

S.F. 2360 federal Individuals with Disabilities Education Act, 20 U.S.C. 1 §1400 et seq., attend regular classes and shall be educated 2 with children who do not require special education. 3 b. (1) Whenever possible appropriate , hindrances to 4 learning and to the normal functioning of children requiring 5 special education within the regular school environment shall 6 be overcome by the provision of special aids and services 7 rather than by separate programs for those in need of special 8 education. 9 (2) Special classes, separate schooling, or other removal 10 of children requiring special education from the regular 11 educational environment, shall occur only when, and to 12 the extent that the nature or severity of the educational 13 disability is such, that education in regular classes, even 14 with the use of supplementary aids and services, cannot be 15 accomplished satisfactorily. 16 (3) Individualized education programs for children 17 requiring special education within the regular school 18 environment and behavioral intervention plans shall not 19 include provisions for clearing all other students out of the 20 regular classroom in order to calm the child requiring special 21 education or the child for whom a behavioral intervention plan 22 has been implemented except as provided in section 279.51A. 23 c. For those children who cannot adapt to the regular 24 educational or home living conditions, and who are attending 25 facilities under chapters 263 , 269 , and 270 , upon the request 26 of the board of directors of an area education agency, the 27 department of human services shall provide residential or 28 detention facilities and the area education agency shall 29 provide special education programs and services. The area 30 education agencies shall cooperate with the board of regents to 31 provide the services required by this chapter . 32 Sec. 6. Section 257.6, subsection 1, paragraph a, 33 subparagraph (7), Code 2020, is amended to read as follows: 34 (7) A student attending an accredited nonpublic school or 35 -7- SF 2360 (4) 88 kh/jh/mb 7/ 14

S.F. 2360 receiving competent private instruction under chapter 299A , 1 who is assigned to a therapeutic classroom in accordance with 2 section 256.25A or is participating in a program under chapter 3 261E , shall be counted as a shared-time student in the school 4 district in which the nonpublic school of attendance is located 5 for state foundation aid purposes. 6 Sec. 7. Section 257.16C, subsection 2, paragraph d, Code 7 2020, is amended to read as follows: 8 d. A school district’s transportation cost per pupil 9 shall be determined by dividing the school district’s actual 10 transportation cost for all children transported in all 11 school buses for a school year pursuant to section 285.1, 12 subsection 12, less the amount of transportation costs 13 reimbursed under section 256.25A and the amount received for 14 transporting nonpublic school pupils under section 285.1, by 15 the district’s actual enrollment for the school year, excluding 16 the shared-time enrollment for the school year as defined in 17 section 257.6 . 18 Sec. 8. Section 272.2, subsection 1, paragraph a, Code 2020, 19 is amended to read as follows: 20 a. License practitioners, which includes the authority 21 to establish criteria for the licenses; establish issuance 22 and renewal requirements; create application and renewal 23 forms; create licenses that authorize different instructional 24 functions or specialties; develop a code of professional rights 25 and responsibilities, practices, and ethics, which shall, 26 among other things, address the failure of a practitioner 27 to fulfill contractual obligations under section 279.13 , 28 the failure of an administrator to protect the safety of 29 staff and students, the failure of an administrator to meet 30 mandatory reporter obligations, the refusal of a practitioner 31 to implement provisions of an individualized education 32 program or behavioral intervention plan, and habitual 33 nonparticipation in professional development ; and develop any 34 other classifications, distinctions, and procedures which may 35 -8- SF 2360 (4) 88 kh/jh/mb 8/ 14

S.F. 2360 be necessary to exercise licensing duties. In addressing the 1 failure of a practitioner to fulfill contractual obligations, 2 the board shall consider factors beyond the practitioner’s 3 control. 4 Sec. 9. NEW SECTION . 279.51A Classroom environment —— 5 behavioral challenges —— reports of violence or assault. 6 1. A classroom teacher may clear students from the classroom 7 only if necessary to prevent or terminate an imminent threat of 8 bodily injury to a student or another person in the classroom. 9 2. If a classroom teacher clears all other students from the 10 classroom in accordance with subsection 1, the school principal 11 shall, by the end of the school day if possible but at least 12 within twenty-four hours after the incident giving rise to 13 the classroom clearance, notify the parents or guardians of 14 all students assigned to the classroom that was cleared. The 15 notification shall not identify, directly or indirectly, any 16 students involved in the incident giving rise to the classroom 17 clearance. The principal of the school shall request that the 18 parent or guardian of the student whose behavior caused the 19 classroom clearance meet with the principal, the classroom 20 teacher, and other staff as appropriate. 21 3. If the student whose behavior caused the classroom 22 clearance has an individualized education program or a 23 behavioral intervention plan, the classroom teacher shall call 24 for and be included in a review and potential revision of 25 the student’s individualized education program or behavioral 26 intervention plan by the student’s individualized education 27 program team. The area education agency, in collaboration 28 with the school district, may, when the parent or guardian 29 meets with the individualized education program team during 30 the reevaluation of the student’s individualized education 31 program, inform the parent or guardian of individual or family 32 counseling services available in the area. 33 4. A classroom teacher employed by a school district shall 34 report any incident of violence that results in injury or 35 -9- SF 2360 (4) 88 kh/jh/mb 9/ 14

S.F. 2360 property damage or assault by a student enrolled in the school 1 to the principal of the school. 2 5. Each school district shall report to the department of 3 education, in a manner prescribed by the department, an annual 4 count of all incidents of violence that result in injury or 5 property damage or assault by a student in a school building, 6 on school grounds, or at a school-sponsored function, and any 7 time a student is referred for the use of or transfer to a 8 therapeutic classroom. The report shall include but not be 9 limited to demographic information on students reported as 10 victims and reported as perpetrators of incidents of violence 11 that result in injury or property damage or assault, including 12 but not limited to disaggregated information on race, gender, 13 national origin, age, grade level, and disability, along with 14 any other data required for the department to implement the 15 federal Elementary and Secondary Education Act, as amended by 16 the federal Every Student Succeeds Act, Pub. L. No. 114-95, 17 with appropriate safeguards to ensure student privacy. The 18 department shall compile and summarize the reports, categorized 19 by behavior, and shall submit the summary to the general 20 assembly by November 1 annually. A teacher or administrator 21 who submits a report in accordance with this section and who 22 meets the requirements of section 280.27 or section 613.21 23 shall be immune from civil or criminal liability relating to 24 such action, as well as for participating in any administrative 25 or judicial proceeding resulting from or relating to the 26 report pursuant to the provisions of sections 280.27 and 27 613.21. The provisions of section 70A.29 shall apply to a 28 teacher or administrator who submits a report in accordance 29 with this section or who reports an incident of violence or 30 assault to a local law enforcement agency in good faith and 31 without fraudulent intent or the intent to deceive. Personal 32 information regarding a student in a report submitted pursuant 33 to this section shall be kept confidential as required under 34 the federal Family Educational Rights and Privacy Act, 20 35 -10- SF 2360 (4) 88 kh/jh/mb 10/ 14

S.F. 2360 U.S.C. §1232g, and in the same manner as personal information 1 in student records maintained, created, collected, or assembled 2 by or for a school corporation or educational institution in 3 accordance with section 22.7, subsection 1. 4 6. For purposes of this section, unless the context 5 otherwise requires, “bodily injury” means physical pain, 6 illness, or any other impairment of physical condition. 7 Sec. 10. Section 280.21, subsection 1, Code 2020, is amended 8 to read as follows: 9 1. An employee of a public school district, accredited 10 nonpublic school, or area education agency shall not inflict, 11 or cause to be inflicted, corporal punishment upon a student. 12 For purposes of this section , “corporal punishment” means the 13 intentional physical punishment of a student. An employee’s 14 physical contact with the body of a student shall not be 15 considered corporal punishment if it is reasonable and 16 necessary under the circumstances and is not designed or 17 intended to cause pain or if the employee uses reasonable 18 force, as defined under section 704.1 , for the protection of 19 the employee, the student, or other students; to obtain the 20 possession of a weapon or other dangerous object within a 21 student’s control; or for the protection of property. The 22 department state board of education shall adopt rules under 23 chapter 17A to implement this section . 24 Sec. 11. Section 280.21, subsection 2, unnumbered paragraph 25 1, Code 2020, is amended to read as follows: 26 A school employee who, in the reasonable course of the 27 employee’s employment responsibilities, comes into physical 28 contact with a student shall be granted immunity from any civil 29 or criminal liability , and immunity from any disciplinary 30 action by the school employee’s employer or the board of 31 educational examiners, which might otherwise be incurred or 32 imposed as a result of such physical contact, if the physical 33 contact is reasonable under the circumstances and involves any 34 of the following: 35 -11- SF 2360 (4) 88 kh/jh/mb 11/ 14

S.F. 2360 Sec. 12. Section 280.21, subsection 2, Code 2020, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . j. Relocating a student who is causing a 3 severe distraction or disturbance that is detracting from the 4 educational experience of other students. 5 Sec. 13. Section 280.21, Code 2020, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 4. To prevail in a disciplinary action 8 alleging a violation of this section or a disciplinary action 9 alleging a violation of a related school policy, the party 10 bringing the action shall prove the violation by clear and 11 convincing evidence. 12 Sec. 14. DEPARTMENT OF EDUCATION. There is appropriated 13 from the general fund of the state to the department of 14 education for the fiscal year beginning July 1, 2020, and 15 ending June 30, 2021, the following amount, or so much thereof 16 as is necessary, to be used for the purposes designated: 17 For developing, establishing, and distributing standards, 18 guidelines, and expectations relating to behavior in the 19 classroom, restraint of a student, and professional development 20 relating to educating individuals in the least restrictive 21 environment, and for research-based intervention strategies 22 consistent with such standards, guidelines, and expectations, 23 in accordance with section 256.9, subsection 60, as enacted by 24 this Act: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 26 Notwithstanding section 8.33, moneys received by the 27 department pursuant to this section that remain unencumbered or 28 unobligated at the close of the fiscal year shall not revert 29 but shall remain available for expenditure for the purposes 30 specified in this section for the following fiscal year. 31 Sec. 15. DEPARTMENT OF EDUCATION —— THERAPEUTIC CLASSROOM 32 INCENTIVE FUND. There is appropriated from the general fund 33 of the state to the department education for the fiscal year 34 beginning July 1, 2020, and ending June 30, 2021, the following 35 -12- SF 2360 (4) 88 kh/jh/mb 12/ 14

S.F. 2360 amount, or so much thereof as is necessary, to be used for the 1 purposes designated: 2 For deposit in the therapeutic classroom incentive fund 3 established pursuant to section 256.25, as enacted by this Act: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,582,650 5 Sec. 16. DEPARTMENT OF EDUCATION —— THERAPEUTIC CLASSROOM 6 TRANSPORTATION CLAIMS REIMBURSEMENT. There is appropriated 7 from the general fund of the state to the department of 8 education for the fiscal year beginning July 1, 2020, and 9 ending June 30, 2021, the following amount, or so much thereof 10 as is necessary, to be used for the purposes designated: 11 For payment of school district claims for reimbursement 12 submitted under section 256.25A, subsection 1, paragraph “a”, 13 as enacted by this Act: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 15 Notwithstanding section 8.33, moneys received by the 16 department pursuant to this section that remain unencumbered or 17 unobligated at the close of the fiscal year shall not revert 18 but shall remain available for expenditure for the purposes 19 specified in this section for the following fiscal year. 20 Sec. 17. EMERGENCY RULES. The state board of education and 21 board of educational examiners may adopt emergency rules under 22 section 17A.4, subsection 3, and section 17A.5, subsection 2, 23 paragraph “b”, to implement the provisions of this Act and 24 the rules shall be effective immediately upon filing unless 25 a later date is specified in the rules. Any rules adopted 26 in accordance with this section shall also be published as a 27 notice of intended action as provided in section 17A.4. 28 Sec. 18. EFFECTIVE DATE. The following takes effect July 29 1, 2021: 30 The section of this Act amending section 256.16, subsection 31 1, paragraph “c”. 32 Sec. 19. EFFECTIVE DATE. The following, being deemed of 33 immediate importance, take effect upon enactment: 34 1. The section of this Act enacting section 256.25. 35 -13- SF 2360 (4) 88 kh/jh/mb 13/ 14