Senate File 2428 - Reprinted SENATE FILE 2428 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SF 2044) (As Amended and Passed by the Senate March 10, 2026 ) A BILL FOR An Act relating to the responsibilities of school districts and 1 charter schools related to the discipline of students who 2 cause violent or nonviolent disruptions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2428 (3) 91 jda/jh/mb

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- SF 2428 (3) 91 jda/jh/mb 1/ 9

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- SF 2428 (3) 91 jda/jh/mb 2/ 9

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 administrative employee, mental health 15 professional, or behavioral interventionist who works in the 16 attendance center and who must be selected by the principal of 17 the attendance center. 18 i. (1) (a) The policies must authorize a teacher to remove 19 a student who causes a nonviolent disruption from the teacher’s 20 classroom and place the student under the supervision of the 21 principal of the attendance center in which the classroom is 22 located, or the principal’s designee, for at least thirty 23 minutes, as determined by the principal or the principal’s 24 designee in accordance with the policies. 25 (b) The policies must prohibit the principal, or the 26 principal’s designee, from returning a student who is removed 27 from the classroom pursuant to subparagraph division (a) 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 (c) The policies must require the principal, or the 33 principal’s designee, to inform the teacher of the disciplinary 34 actions taken against the student removed from the classroom 35 -3- SF 2428 (3) 91 jda/jh/mb 3/ 9

S.F. 2428 pursuant to subparagraph division (a) as soon as is reasonably 1 possible after the student’s removal. 2 (d) The policies must require a student who is removed from 3 the classroom pursuant to subparagraph division (a) to make up 4 any work that the student missed while the student was under 5 the supervision of the principal or the principal’s designee. 6 (2) The policies must require that, if a student is 7 removed from a teacher’s classroom pursuant to subparagraph 8 (1), subparagraph division (a), more than once, the teacher 9 or teachers who removed the student from the classroom; the 10 principal of the attendance center in which the classroom 11 or classrooms are located; a qualified guidance counselor 12 licensed by the board of educational examiners under chapter 13 256, subchapter VII, part 3; the student’s parent or legal 14 guardian, if the student is not an emancipated minor; and the 15 student shall participate in a meeting to discuss the student’s 16 nonviolent disruptions and to establish a behavioral plan and 17 a course of discipline to correct the student’s behavior, 18 which may include locating the student in an alternative 19 learning environment, including a therapeutic classroom, when 20 appropriate. 21 j. (1) The policies must require a teacher to remove a 22 student who causes a violent disruption from the teacher’s 23 classroom and place the student under the supervision of the 24 principal of the attendance center in which the classroom is 25 located, or the principal’s designee. 26 (2) (a) The policies must prohibit the principal, or 27 the principal’s designee, from returning a student who is 28 removed from the classroom pursuant to subparagraph (1) to 29 the teacher’s classroom without the teacher’s consent, unless 30 the oversight review committee determines that the student 31 should be returned to the classroom pursuant to paragraph “h” , 32 subparagraph (1). 33 (b) Notwithstanding paragraph “h” , subparagraph (1), and 34 subparagraph division (a), the policies must provide that the 35 -4- SF 2428 (3) 91 jda/jh/mb 4/ 9

S.F. 2428 oversight review committee shall not have the authority to 1 require a student to return to a teacher’s classroom if all of 2 the following criteria are satisfied: 3 (i) The teacher removed the student from the teacher’s 4 classroom because the student caused a violent disruption that 5 included the student assaulting the teacher. 6 (ii) The teacher does not consent to allowing the student to 7 return to the teacher’s classroom. 8 (3) The policies must require that a student removed 9 from the classroom pursuant to this paragraph be suspended, 10 expelled, or located in an alternative learning environment, 11 including a therapeutic classroom, when appropriate, as 12 determined by the principal of the attendance center in which 13 the classroom is located in accordance with the policies. 14 8. k. The policies must be published on the school 15 district’s internet site and in applicable student handbooks. 16 l. The policies must require the principal of an attendance 17 center to make a mental health professional, guidance 18 counselor, or behavioral interventionist available to students, 19 teachers, and other school employees to address the immediate 20 trauma associated with a violent disruption or nonviolent 21 disruption, upon the request of a teacher. 22 2. a. (1) Notwithstanding a policy adopted by the board 23 of directors of the school district pursuant to subsection 1, 24 if a student who has an individualized education program is 25 removed from the classroom pursuant to subsection 1, paragraph 26 “i” or “j” , then the student’s individualized education 27 program team shall meet expeditiously after the student’s 28 removal from the classroom to determine whether an alternative 29 educational location is best for the student; to carry out all 30 manifestation determination review meetings, if required under 31 the federal Individuals with Disabilities Education Act, 20 32 U.S.C. §1400 et seq.; and to discuss all of the following: 33 (a) Whether the nature or severity of the student’s 34 disability is such that education in regular classes with the 35 -5- SF 2428 (3) 91 jda/jh/mb 5/ 9

S.F. 2428 use of supplementary aids and services cannot be achieved 1 satisfactorily. 2 (b) The appropriateness of the student’s current 3 educational programming. 4 (c) Whether adjustments need to be made to the student’s 5 individualized education program to address the student’s 6 behaviors that led to the violent disruption or nonviolent 7 disruption. 8 (d) Whether the student’s current location or an 9 alternative learning environment would provide the student with 10 a free appropriate public education. 11 (e) The accommodations, modifications, and adaptations 12 the student requires to be successful in a general education 13 environment; whether it is possible for these accommodations, 14 modifications, and adaptations to be provided within the 15 general education environment; and the supports that are needed 16 to assist the teacher and other personnel in providing these 17 accommodations, modifications, and adaptations. 18 (f) Whether and to what extent the receipt of special 19 education services and activities in the general education 20 environment will impact the student. 21 (g) Whether and to what extent the provision of special 22 education services and activities in the general education 23 environment will impact other students. 24 (2) The teacher who removed the student from the classroom 25 shall do all of the following: 26 (a) Ensure proper documentation of the removal is 27 maintained and made available to the student’s individualized 28 education program team. Proper documentation includes all of 29 the following: 30 (i) Information related to the date of the removal and the 31 beginning and end times of the removal. 32 (ii) A description of the actions of the student before, 33 during, and after the removal. 34 (iii) A description of the actions of the school district 35 -6- SF 2428 (3) 91 jda/jh/mb 6/ 9

S.F. 2428 employees involved in the removal before, during, and after the 1 removal. 2 (iv) A description of the less restrictive means attempted 3 as an alternative to the removal. 4 (v) A description of future approaches to address the 5 student’s behavior, including any consequences or disciplinary 6 actions that may be imposed on the student. 7 (vi) The time and manner by which the school district 8 notified the student’s parent or guardian of the removal. 9 (b) Participate in the meeting of the student’s 10 individualized education program team described in subparagraph 11 (1). The teacher must also have the opportunity to provide 12 input related to the potential revision of the student’s 13 individualized education program. 14 b. (1) A student who has an individualized education 15 program may be temporarily located in an alternative learning 16 environment so long as such location would not constitute a 17 change in placement. 18 (2) A student who has an individualized education program 19 shall be accepted back into the classroom from which the 20 student was removed when the student’s individualized education 21 program team has determined that such classroom satisfies the 22 least restrictive environment requirements under the federal 23 Individuals with Disabilities Education Act, 20 U.S.C. §1400 24 et seq. 25 (3) A student who has an individualized education program 26 may be subject to a policy adopted pursuant to subsection 27 1 if the student’s individualized education program team 28 determines that the student’s violent disruptions or nonviolent 29 disruptions are not a manifestation of the student’s disability 30 and are not the result of an omission in, misapplication of, 31 or misinterpretation of the student’s individualized education 32 program. 33 c. If, after considering the least restrictive environment 34 requirements under the federal Individuals with Disabilities 35 -7- SF 2428 (3) 91 jda/jh/mb 7/ 9

S.F. 2428 Education Act, 20 U.S.C. §1400 et seq., the student’s 1 individualized education program team determines that the 2 nature or severity of the student’s disability is such that 3 education in regular classes with the use of supplementary 4 aids and services cannot be achieved satisfactorily, then the 5 student’s individualized education program shall be amended to 6 reflect the necessary change in placement. 7 3. a. Notwithstanding a policy adopted by the board of 8 directors of the school district pursuant to subsection 1, 9 if a student who has a plan under section 504 of the federal 10 Rehabilitation Act, 29 U.S.C. §794, is removed from the 11 classroom pursuant to subsection 1, paragraph “i” or “j” , then 12 the student’s team shall meet expeditiously after the student’s 13 removal from the classroom to carry out all manifestation 14 determination review meetings, if required under section 504 of 15 the federal Rehabilitation Act, 29 U.S.C. §794, and to discuss 16 all of the following: 17 (1) Whether adjustments need to be made to the student’s 18 plan under section 504 of the federal Rehabilitation Act, 29 19 U.S.C. §794. 20 (2) The appropriateness of the student’s current 21 educational programming, including whether the child may be 22 a child with a disability under the federal Individuals with 23 Disabilities Education Act, 20 U.S.C. §1400 et seq., and should 24 therefore be evaluated for eligibility. 25 b. A student who has a plan under section 504 of the 26 federal Rehabilitation Act, 29 U.S.C. §794, may be subject to a 27 policy adopted pursuant to subsection 1 if the student’s team 28 determines that the student’s violent disruptions or nonviolent 29 disruptions are not a manifestation of the student’s disability 30 and are not the result of an omission in, misapplication of, or 31 misinterpretation of the student’s plan under section 504 of 32 the federal Rehabilitation Act, 29 U.S.C. §794. 33 4. Information related to a student’s violent disruptions 34 and nonviolent disruptions shall be incorporated, as necessary, 35 -8- SF 2428 (3) 91 jda/jh/mb 8/ 9

S.F. 2428 into the student’s individualized education program, behavioral 1 intervention plan, and other similar documents. 2 5. This section shall not be construed to infringe on any 3 right provided to any student under federal law, including but 4 not limited to any of the following: 5 a. The federal Individuals with Disabilities Education Act, 6 20 U.S.C. §1400 et seq. 7 b. The federal Family Educational Rights and Privacy Act, 8 20 U.S.C. §1232g. 9 c. Section 504 of the federal Rehabilitation Act, 29 U.S.C. 10 §794. 11 d. The federal Americans with Disabilities Act of 1990, 42 12 U.S.C. §12101 et seq. 13 6. For purposes of this section: 14 a. “Nonviolent disruption” includes but is not limited to a 15 disruption to classroom instruction that is a result of any of 16 the following: 17 (1) Disorderly conduct. 18 (2) Abusive or profane language. 19 (3) Bullying, as defined under section 280.28. 20 (4) Repeatedly disruptive behavior. 21 b. “Violent disruption” includes but is not limited to 22 a disruption to classroom instruction that is a result of a 23 threat of violence or an incident of violence that results in 24 any of the following: 25 (1) Injury. 26 (2) Property damage. 27 (3) Assault, as defined under section 708.1. 28 -9- SF 2428 (3) 91 jda/jh/mb 9/ 9