House File 604 - Reprinted HOUSE FILE 604 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 206) (As Amended and Passed by the House March 22, 2023 ) A BILL FOR An Act relating to education, including authorizing the 1 ombudsman to investigate complaints received by individuals 2 who hold a license, certificate, authorization, or statement 3 of recognition issued by the board of educational examiners, 4 modifying the responsibilities of school districts and 5 charter schools, and authorizing teachers employed by school 6 districts or charter schools to remove disruptive students 7 from the classroom. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 HF 604 (2) 90 jda/jh/md

H.F. 604 Section 1. Section 2C.9, Code 2023, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 2A. Investigate, on complaint, any 3 complaint received by an individual who holds a license, 4 certificate, authorization, or statement of recognition issued 5 by the board of educational examiners related to violence in 6 the classroom or violence on school property, including any 7 disclosure of information to which section 279.79 applies 8 related to violence in the classroom or violence on school 9 property. The ombudsman shall provide the results of the 10 investigation to the department of education and the board of 11 educational examiners. The ombudsman shall maintain secrecy in 12 respect to the identities of the complainants. 13 Sec. 2. Section 256.9, Code 2023, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 66. Develop and distribute to school 16 districts a list of all professional development programs and 17 other training programs in which employees of school districts 18 are required to participate pursuant to federal law or state 19 law, including chapter 284. For purposes of this subsection, 20 “professional development program” means the same as defined in 21 section 272.1. 22 Sec. 3. Section 256E.7, subsection 2, Code 2023, is amended 23 by adding the following new paragraphs: 24 NEW PARAGRAPH . 0j. Be subject to and comply with the 25 requirements of section 279.78 relating to notifications to 26 the parents or guardians of a student in the event a classroom 27 teacher witnesses the student suffer an incident of violence in 28 the same manner as a school district. 29 NEW PARAGRAPH . 00j. Be subject to and comply with the 30 requirements of section 279.79 relating to prohibiting 31 retaliation against employees or contractors for disclosing 32 certain specified information in the same manner as a school 33 district. 34 NEW PARAGRAPH . 000j. Be subject to and comply with the 35 -1- HF 604 (2) 90 jda/jh/md 1/ 5

H.F. 604 requirements of section 279.80 relating to the removal of 1 disruptive students from the classroom in the same manner as 2 a school district. 3 Sec. 4. Section 279.51A, subsection 4, Code 2023, is amended 4 to read as follows: 5 4. A classroom teacher employed by a school district shall 6 report any incident of violence that results in injury or 7 property damage or assault by a student enrolled in the school 8 to the principal or the lead administrator of the school within 9 twenty-four hours after the incident of violence occurs. The 10 principal or lead administrator of the school shall notify the 11 parent or guardian of the student enrolled in the school who 12 caused the incident of violence that resulted in injury or 13 property damage or assault of the incident of violence within 14 twenty-four hours after the classroom teacher reports the 15 incident of violence to the principal or lead administrator. 16 Sec. 5. NEW SECTION . 279.77 Professional development —— 17 notification. 18 If a school district requires an employee to participate 19 in a particular professional development program, including 20 a program that is included on the list developed by the 21 department of education pursuant to section 256.9, subsection 22 66, the school district shall provide notice to the employee 23 indicating the section of the Code, or rules adopted by the 24 state board of education or the board of educational examiners, 25 the school district determines requires the employee to 26 participate in the professional development program. For 27 purposes of this section, “professional development program” 28 means the same as defined in section 272.1. 29 Sec. 6. NEW SECTION . 279.78 Notice to parents or guardians 30 related to incidents of violence. 31 A teacher employed by a school district may notify the parent 32 or guardian of a student enrolled in the school district if the 33 teacher witnesses the student suffer an incident of violence 34 that results in injury or property damage or assault. 35 -2- HF 604 (2) 90 jda/jh/md 2/ 5

H.F. 604 Sec. 7. NEW SECTION . 279.79 Retaliation prohibition. 1 The board of directors of a school district shall not take 2 any disciplinary action against an employee or contractor of 3 the school district for disclosing information to any public 4 official or law enforcement agency, including a disclosure 5 to the ombudsman pursuant to section 2C.9, subsection 2A, if 6 the employee or contractor reasonably believes the information 7 evidences a violation of law or rule, mismanagement, a gross 8 abuse of funds, an abuse of authority, or a substantial and 9 specific danger to public health or safety. For purposes of 10 this section, “disciplinary action” includes termination of 11 employment or the contractual relationship, suspension from 12 employment, demotion, financial penalties, failing to take 13 action regarding an employee’s or contractor’s promotion 14 or proposed promotion, failing to provide an advantage in 15 employment or the contractual relationship, and written or 16 verbal reprimands. 17 Sec. 8. NEW SECTION . 279.80 Removal of disruptive students 18 from the classroom. 19 1. As used in this section: 20 a. “Administrator” means the same as defined in section 21 272.1. 22 b. “School resource officer” means the same as defined in 23 34 U.S.C. §10389. 24 c. “Teacher” means the same as defined in section 272.1. 25 d. “Therapeutic classroom” means the same as defined in 26 section 256.25, subsection 7. 27 2. The board of directors of each public school district 28 shall adopt a policy, consistent with section 279.51A, that 29 describes when a teacher may remove a disruptive student from 30 the classroom. The policy shall provide for escalating levels 31 of discipline each time a disruptive student is removed from 32 the classroom. The policy shall include, at a minimum, all of 33 the following: 34 a. A teacher employed by a school district may remove a 35 -3- HF 604 (2) 90 jda/jh/md 3/ 5

H.F. 604 disruptive student from the classroom under the supervision of 1 a school resource officer or an administrator located in the 2 attendance center. 3 b. (1) The first time a teacher removes a disruptive 4 student from the classroom pursuant to paragraph “a” in a 5 semester, or the trimester or quarter equivalent, the school 6 district shall do all of the following: 7 (a) Facilitate a counseling session between the student 8 and a school counselor licensed by the board of educational 9 examiners under chapter 256. 10 (b) Place the student in one day of in-school suspension 11 after the counseling session described in subparagraph division 12 (a) takes place. 13 (2) The second time a teacher removes a disruptive student 14 from the classroom pursuant to paragraph “a” in a semester, or 15 the trimester or quarter equivalent, the school district shall 16 do all of the following: 17 (a) Facilitate a counseling session between the student 18 and a school counselor licensed by the board of educational 19 examiners under chapter 256. 20 (b) Place the student in five consecutive school days of 21 in-school suspension after the counseling session described in 22 subparagraph division (a) takes place. 23 (3) The third time a teacher removes a disruptive student 24 from the classroom pursuant to paragraph “a” in a school year, 25 the school district may permanently remove the student from the 26 teacher’s class, and the school district shall consider placing 27 the student in an alternative learning environment, including a 28 therapeutic classroom. 29 Sec. 9. Section 280.21, Code 2023, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 5. A public school district or area 32 education agency shall provide to all teachers employed by the 33 public school district or area education agency a copy of this 34 section with the initial employment contract and with each 35 -4- HF 604 (2) 90 jda/jh/md 4/ 5