House File 2538 - Reprinted HOUSE FILE 2538 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HF 2122) (As Amended and Passed by the House March 9, 2026 ) A BILL FOR An Act relating to education, including by modifying provisions 1 related to the duties of the department of education, the 2 discipline of students enrolled in school districts, charter 3 schools, and innovation zone schools who exhibit disorderly 4 conduct in the classroom, the responsibilities and powers 5 of the department of education, school district teachers, 6 and other educational staff related to students who have 7 individualized education programs or plans under section 8 504 of the federal Rehabilitation Act, and school district 9 professional development plans, and authorizing teachers to 10 request a meeting of a student’s individualized education 11 program team. 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 13 HF 2538 (3) 91 jda/jh/md

H.F. 2538 Section 1. Section 256.9, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 80. Develop and distribute to school 3 districts a training program and training materials for members 4 of a student’s individualized education program team that is 5 related to the least restrictive environment requirements under 6 the federal Individuals with Disabilities Education Act, 20 7 U.S.C. §1400 et seq. 8 Sec. 2. Section 256.11, subsection 10, unnumbered paragraph 9 1, Code 2026, is amended to read as follows: 10 The state board shall establish, and the department 11 shall use, for the school year commencing July 1, 2021, and 12 each succeeding school year, an accreditation, monitoring, 13 and enforcement process for school districts and nonpublic 14 schools seeking accreditation pursuant to this subsection and 15 subsections 11 and 12 . In applying and taking monitoring and 16 enforcement action under this subsection and subsections 11 and 17 12, the department shall consider the timeliness and accuracy 18 of the information a school district or nonpublic school 19 provides to the department, including potential underreporting 20 or late reporting of data related to school discipline and 21 school safety necessary to monitor and implement the provisions 22 of chapter 280. The process established shall include all of 23 the following requirements: 24 Sec. 3. Section 256E.7, subsection 2, Code 2026, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . 0n. Be subject to and comply with the 27 requirements of section 279.65B relating to the discipline of 28 students who exhibit disorderly conduct in the classroom in the 29 same manner as a school district. 30 Sec. 4. Section 256F.4, subsection 2, Code 2026, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . v. Be subject to and comply with the 33 requirements of section 279.65B relating to the discipline of 34 students who exhibit disorderly conduct in the classroom in the 35 -1- HF 2538 (3) 91 jda/jh/md 1/ 11

H.F. 2538 same manner as a school district. 1 Sec. 5. Section 279.65A, subsection 3, Code 2026, is amended 2 to read as follows: 3 3. The policies must be consistent with the all of the 4 following: 5 a. The provisions of chapter 256B , and the administrative 6 rules adopted by the state board for purposes of chapter 256B , 7 the . 8 b. The federal Individuals with Disabilities Education Act, 9 20 U.S.C. §1400 et seq. , and the 10 c. The federal Rehabilitation Act of 1973, as amended and 11 codified in 29 U.S.C. §701 et seq. 12 d. Section 279.65B. 13 Sec. 6. NEW SECTION . 279.65B Discipline of students for 14 disorderly conduct. 15 1. As used in this section: 16 a. “Disorderly conduct” means intentional conduct to which 17 any of the following applies: 18 (1) Constitutes violent behavior or a threat of violent 19 behavior. 20 (2) Disrupts, disturbs, or interferes with any services 21 provided by the school district. 22 (3) Disturbs the peace, order, or discipline within the 23 classroom. 24 b. “Principal” means the same as defined in section 256.145. 25 “Principal” includes all of the following: 26 (1) An assistant principal. 27 (2) A vice principal. 28 (3) An administrator who is responsible for the day-to-day 29 operations of an attendance center. 30 c. “Teacher” means the same as defined in section 256.145. 31 2. a. A teacher may exclude from the teacher’s classroom 32 and place under the supervision of the principal any student 33 who does any of the following while in the teacher’s classroom: 34 (1) Engages in disorderly conduct. 35 -2- HF 2538 (3) 91 jda/jh/md 2/ 11

H.F. 2538 (2) Threatens, abuses, intimidates, or attempts to 1 intimidate another student or any school employee. 2 (3) Uses abusive or profane language. 3 b. (1) A student who is enrolled in kindergarten through 4 grade five, and who was excluded from a teacher’s classroom 5 pursuant to paragraph “a” , shall not be readmitted to the 6 teacher’s classroom until after the principal and teacher meet 7 to discuss the readmission of the student. 8 (2) A student who is enrolled in grades six through twelve, 9 and who was excluded from a teacher’s classroom pursuant 10 to paragraph “a” , shall not be readmitted to the teacher’s 11 classroom until after the principal and teacher meet to discuss 12 the readmission of the student. Such student shall not be 13 readmitted to the teacher’s classroom until, at the earliest, 14 the immediately subsequent school day. 15 3. a. If the principal determines that disciplinary 16 action should be taken against a student who was excluded 17 from a teacher’s classroom pursuant to subsection 2, then the 18 principal shall do all of the following: 19 (1) Take such disciplinary action. 20 (2) Provide written and, if possible, electronic notice of 21 such disciplinary action to the student’s parent or guardian. 22 b. (1) If a student was excluded from a teacher’s classroom 23 for the remainder of a school day pursuant to subsection 2 24 two or more times in a semester, or the trimester or quarter 25 equivalent, then the principal shall discipline the student by 26 doing any of the following: 27 (a) Assigning the student to either in-school or 28 out-of-school suspension. 29 (b) Recommending to the superintendent that the student be 30 located in an alternative learning environment that has been 31 approved by the superintendent. 32 (2) If a student was excluded from a teacher’s classroom 33 pursuant to subsection 2 because the student’s conduct, 34 statements, or other actions were severe or pervasive, and, 35 -3- HF 2538 (3) 91 jda/jh/md 3/ 11

H.F. 2538 if requested by the teacher, then the principal shall impose 1 the maximum amount of punishment applicable to such conduct, 2 statements, or other actions as provided in policies adopted 3 by the board of directors of the school district, including 4 placing the student in an alternative learning environment that 5 has been approved by the superintendent. 6 4. a. The board of directors of a school district shall 7 require each attendance center within the school district 8 to create an oversight review committee that is responsible 9 for developing a policy, consistent with this section, that 10 establishes when a student who has been excluded from the 11 classroom pursuant to subsection 2 may be readmitted to the 12 classroom. 13 b. The oversight review committee must consist of all of the 14 following members: 15 (1) Two teachers who work in the attendance center and who 16 must be selected by the teachers of the attendance center. 17 (2) One professional staff member who works in the 18 attendance center and who must be selected by the principal of 19 the attendance center. 20 5. If a student who has an individualized education program 21 was excluded from a teacher’s classroom pursuant to subsection 22 2, then all of the following shall apply: 23 a. (1) All of the following individuals shall, if 24 practicable, participate in the meeting of the student’s 25 individualized education program team that takes place 26 immediately subsequent to the student’s exclusion from the 27 classroom: 28 (a) The teacher who excluded the student from the classroom 29 pursuant to subsection 2. 30 (b) Any teacher who is not described in subparagraph 31 division (a) and who provides classroom instruction to the 32 student. 33 (c) Any other employee of the school district who does not 34 hold a license issued by the board of educational examiners, 35 -4- HF 2538 (3) 91 jda/jh/md 4/ 11

H.F. 2538 including para-educators and bus drivers, and who was directly 1 involved in the student’s conduct, statements, or other actions 2 that led to the student’s exclusion from the classroom. 3 (2) If a teacher or other employee is not able to 4 participate in the meeting of the student’s individualized 5 education program team that takes place immediately subsequent 6 to the student’s exclusion from the classroom, as required 7 under subparagraph (1), then the teacher or other employee 8 shall review the minutes or summary of the meeting prepared by 9 the individualized education program team pursuant to paragraph 10 “b” , subparagraph (2), and shall provide written notice to the 11 student’s individualized education program team indicating that 12 the teacher or other employee has read the minutes or summary. 13 b. (1) In the meeting of the student’s individualized 14 education program team that takes place immediately subsequent 15 to the student’s exclusion from the classroom, the student’s 16 individualized education program team shall discuss all of the 17 following: 18 (a) The appropriateness of the student’s current 19 educational programming. 20 (b) Whether adjustments need to be made to the student’s 21 individualized education program to address the student’s 22 behaviors. 23 (c) Whether the student’s current placement or an 24 alternative learning environment would best provide the student 25 with a free appropriate public education. 26 (d) The accommodations, modifications, and adaptations that 27 are required to allow the student to be successful in a general 28 education setting, what supports are needed to assist the 29 teacher and other school district employees in providing those 30 accommodations, modifications, and adaptations, and whether it 31 is possible for the school district to provide those supports, 32 accommodations, modifications, and adaptations. 33 (e) Whether and to what extent the provision of special 34 education services and activities in the general education 35 -5- HF 2538 (3) 91 jda/jh/md 5/ 11

H.F. 2538 environment will impact the student and the other students in 1 the classroom. 2 (2) If a teacher or other employee is not able to 3 participate in the meeting of the student’s individualized 4 education program team that takes place immediately subsequent 5 to the student’s exclusion from the classroom, as required 6 under paragraph “a” , subparagraph (1), then the student’s 7 individualized education program team shall prepare minutes or 8 a summary of the meeting and provide the minutes or summary to 9 the teacher or other employee. 10 c. If the student was excluded from the classroom five or 11 more times within any fifteen-consecutive-school-day period, 12 then the student’s individualized education program team shall 13 meet to discuss the student’s behavior. 14 6. a. A teacher may appeal all of the following to the 15 board of directors of the school district: 16 (1) A principal’s refusal to allow the teacher to exclude a 17 student from the teacher’s classroom pursuant to subsection 2, 18 paragraph “a” . 19 (2) A principal’s readmission of a student to the teacher’s 20 classroom prior to the time such student should have been 21 readmitted pursuant to subsection 2, paragraph “b” . 22 b. The board of directors of a school district shall not 23 take any disciplinary action against a teacher for exercising 24 the teacher’s appeal rights described in paragraph “a” . For 25 purposes of this paragraph, “disciplinary action” includes 26 termination of employment or the contractual relationship, 27 suspension from employment, demotion, financial penalties, 28 failing to take action regarding a teacher’s promotion 29 or proposed promotion, failing to provide an advantage in 30 employment or the contractual relationship, and written or 31 verbal reprimands. 32 c. All of the following shall apply if the board of 33 directors of a school district violates paragraph “b” : 34 (1) The teacher may enforce the teacher’s rights under this 35 -6- HF 2538 (3) 91 jda/jh/md 6/ 11

H.F. 2538 section through a civil action. 1 (2) The board of directors of the school district is liable 2 to the aggrieved teacher for affirmative relief including 3 reinstatement, with or without back pay, civil damages in an 4 amount not to exceed three times the annual wages and benefits 5 received by the aggrieved teacher prior to the violation of 6 paragraph “b” , and any other equitable relief the court deems 7 appropriate, including attorney fees and costs. 8 (3) When the board of directors of a school district 9 commits, is committing, or proposes to commit an act in 10 violation of paragraph “b” , an injunction may be granted through 11 an action in district court to prohibit the board of directors 12 of the school district from continuing such acts. The action 13 for injunctive relief may be brought by an aggrieved teacher, 14 the county attorney, or the person providing human resource 15 management for the board of directors of the school district. 16 7. The board of directors of a school district shall 17 immediately grant a teacher a leave of absence for physical and 18 mental recovery with full pay for not more than five days if 19 the teacher is injured due to a student’s disorderly conduct; 20 provided, however, that the board of directors of a school 21 district may grant a teacher such a leave of absence for six 22 or more days if the teacher provides to the board of directors 23 of the school district a note from a physician indicating that 24 such a leave of absence is needed. 25 8. Each principal shall carry out the principal’s 26 responsibilities under this section in an expeditious manner, 27 and shall do all of the following in an expeditious manner: 28 a. Carry out all manifestation determination review 29 meetings, as required under section 504 of the federal 30 Rehabilitation Act, 29 U.S.C. §794. 31 b. Impose the appropriate amount of punishment in accordance 32 with policies adopted by the board of directors of the school 33 district and federal law. 34 c. Perform functional behavior assessments as needed. 35 -7- HF 2538 (3) 91 jda/jh/md 7/ 11

H.F. 2538 d. Adjust behavioral intervention plans as needed. 1 9. This section shall not be construed to do any of the 2 following: 3 a. Infringe on any right provided to any student under 4 federal law, including but not limited to all of the following: 5 (1) Section 504 of the federal Rehabilitation Act, 29 U.S.C. 6 §794. 7 (2) The federal Individuals with Disabilities Education 8 Act, 20 U.S.C. §1400 et seq. 9 (3) The federal Family Educational Rights and Privacy Act, 10 20 U.S.C. §1232g. 11 (4) The federal Americans with Disabilities Act of 1990, 42 12 U.S.C. §12101 et seq. 13 b. Supersede, abrogate, or preempt any federal law, rule, 14 or regulation. 15 c. Relieve any person from any duties, obligations, or 16 requirements imposed by federal law. 17 Sec. 7. NEW SECTION . 279.89 Teacher authority to request a 18 meeting of a student’s individualized education program team. 19 1. For purposes of this section: 20 a. “Administrator” means the same as defined in section 21 256.145. 22 b. “Teacher” means the same as defined in section 256.145. 23 2. A teacher may request a meeting of a student’s 24 individualized education program team at any time by submitting 25 an electronic or written request to an administrator. 26 3. An administrator may deny a teacher’s request for a 27 meeting of a student’s individualized education program team 28 submitted pursuant to subsection 2; provided, however, that 29 such a denial must satisfy all of the following requirements: 30 a. Be provided to the teacher in writing. 31 b. Describe why applicable federal law does not require the 32 meeting of the student’s individualized education program team. 33 Sec. 8. NEW SECTION . 279.90 Individualized education 34 programs and section 504 plan requirements. 35 -8- HF 2538 (3) 91 jda/jh/md 8/ 11

H.F. 2538 1. a. The board of directors of each school district shall 1 ensure all of the following: 2 (1) That each student’s individualized education program 3 is accessible to, and read by, each school district employee 4 who is responsible for the implementation of the student’s 5 individualized education program, including regular education 6 teachers, special education teachers, and any other service 7 providers. 8 (2) Each teacher and service provider described in 9 subparagraph (1) is informed of all of the following: 10 (a) The teacher’s or service provider’s specific 11 responsibilities related to implementing the student’s 12 individualized education program. 13 (b) The specific accommodations, modifications, and 14 supports that must be provided for the student in accordance 15 with the student’s individualized education program. 16 b. After a regular education teacher has read a student’s 17 individualized education program pursuant to paragraph “a” , 18 the regular education teacher shall provide written notice 19 to the special education teacher who is on the student’s 20 individualized education program team indicating that the 21 regular education teacher has read the individualized education 22 program. 23 2. Each teacher employed by the school district who teaches 24 a student who has a plan under section 504 of the federal 25 Rehabilitation Act, 29 U.S.C. §794, shall read the plan. After 26 the teacher has read the plan, the teacher shall provide 27 written notice to any special education teacher who provides 28 special education services to the student, or to the principal 29 of the attendance center, indicating that the teacher has read 30 the plan. 31 3. At least one para-educator or other employee of the 32 school district who assists a teacher in providing classroom 33 instruction to a student who has an individualized education 34 program, or to a student who has a plan under section 504 of 35 -9- HF 2538 (3) 91 jda/jh/md 9/ 11

H.F. 2538 the federal Rehabilitation Act, 29 U.S.C. §794, shall attend 1 all meetings related to the student’s individualized education 2 program or plan under section 504 of the federal Rehabilitation 3 Act, 29 U.S.C. §794. If practicable, meetings related to 4 a student’s individualized education program or plan under 5 section 504 of the federal Rehabilitation Act, 29 U.S.C. §794, 6 that a para-educator or other employee is required to attend 7 pursuant to this subsection shall take place during normal 8 business hours. 9 4. The board of directors of each school district shall 10 provide training to all members of a student’s individualized 11 education program team related to the least restrictive 12 environment requirements under the federal Individuals with 13 Disabilities Education Act, 20 U.S.C. §1400 et seq., that 14 is based on the training program and training materials 15 distributed by the director of the department of education to 16 the school district pursuant to section 256.9, subsection 80. 17 Sec. 9. Section 284.6, subsection 3, Code 2026, is amended 18 to read as follows: 19 3. A school district shall develop a district professional 20 development plan. The district professional development plan 21 shall include must satisfy all of the following requirements: 22 a. Include a description of the means by which the school 23 district will provide access to all teachers in the district to 24 professional development programs or offerings that meet the 25 requirements of subsection 1 . The plan shall align 26 b. Align all professional development with the school 27 district’s long-range student learning goals and the Iowa 28 teaching standards. The plan shall indicate 29 c. Indicate the school district’s approved professional 30 development provider or providers. 31 d. Include programs and offerings for all teachers to 32 support serving students with disabilities. 33 e. Include information related to all of the following: 34 (1) The general requirements related to providing a free 35 -10- HF 2538 (3) 91 jda/jh/md 10/ 11

H.F. 2538 appropriate public education, including the school district’s 1 obligation to identify and evaluate a student who may have a 2 disability. 3 (2) The provision of supports and services through 4 a student’s individualized education program, including 5 each individual teacher’s responsibilities relating to the 6 development and implementation of a student’s individualized 7 education program. 8 (3) The general requirements related to providing education 9 to a student with a disability consistent with the least 10 restrictive environment requirements under the federal 11 Individuals with Disabilities Education Act, 20 U.S.C. §1400 12 et seq. 13 Sec. 10. STATE MANDATE FUNDING SPECIFIED. In accordance 14 with section 25B.2, subsection 3, the state cost of requiring 15 compliance with any state mandate included in this Act shall 16 be paid by a school district from state school foundation aid 17 received by the school district under section 257.16. This 18 specification of the payment of the state cost shall be deemed 19 to meet all of the state funding-related requirements of 20 section 25B.2, subsection 3, and no additional state funding 21 shall be necessary for the full implementation of this Act 22 by and enforcement of this Act against all affected school 23 districts. 24 -11- HF 2538 (3) 91 jda/jh/md 11/ 11