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House Study Bill 598 - IntroducedA Bill ForAn Act 1relating to classroom management and related
2practitioner preparation procedures for reporting alleged
3classroom violence and assaults, to corporal punishment,
4establishing a grant program and fund for creation of
5therapeutic classrooms, providing supplementary weighting
6for the transportation of certain students to therapeutic
7classrooms, making an appropriation, and including effective
8date provisions.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.9, Code 2020, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 60. Develop, establish, and distribute
4to school districts standards, guidelines, and expectations
5for the appropriate and inappropriate responses to behavior
6in the classroom that presents an imminent threat of bodily
7injury to a student or another person and for the reasonable,
8necessary, and appropriate physical restraint of a student.
9The director shall consult with the area education agencies to
10create comprehensive and consistent standards and guidance for
11professional development relating to successfully educating
12individuals in the least restrictive environment.
13 Sec. 2. Section 256.16, subsection 1, paragraph c, Code
142020, is amended to read as follows:
15c. Include in the professional education program,
16preparation that contributes to the education of students
17with disabilities and students who are gifted and talented,
18preparation in developing individualized education programs,
19preparation for educating individuals in the least restrictive
20environment, and other strategies that address difficult and
21violent student behavior and improve academic engagement and
22achievement, and preparation in classroom management addressing
23high-risk behaviors including, but not limited to, behaviors
24related to substance abuse. Preparation required under this
25paragraph must be successfully completed before graduation from
26the practitioner preparation program.
27 Sec. 3. NEW SECTION. 256.25 Therapeutic classroom incentive
28grant program — fund.
291. The department shall create a therapeutic classroom
30incentive grant program to provide competitive grants to school
31districts for the establishment of therapeutic classrooms.
322. A school district, which may collaborate and partner
33with one or more school districts, area education agencies,
34and accredited nonpublic schools located in mental health and
35disability services regions providing children’s behavioral
-1-1health services in accordance with chapter 331, subchapter III,
2part 6, may apply for a grant under this program to establish a
3therapeutic classroom in the school district in accordance with
4this section.
53. The department shall develop a grant application
6and selection and evaluation criteria. Selection criteria
7shall include a method for prioritizing grant applications
8submitted by school districts located in mental health and
9disability services regions providing children’s behavioral
10health services in accordance with chapter 331, subchapter III,
11part 6, with those proposing to serve the most students given
12highest priority.
134. a. The department may disburse moneys contained in
14the therapeutic classroom incentive fund as grants to school
15districts for the establishment of therapeutic classrooms.
16b. The total amount of funding awarded for the establishment
17of therapeutic classrooms for a fiscal year shall not exceed
18an amount equivalent to the state cost per pupil multiplied by
19weighting of one and one-half pupil calculated for one hundred
20fifty pupils.
21c. Grant awards shall be made for the establishment of
22therapeutic classrooms with one to five pupils, classrooms
23with six to ten pupils, and classrooms with eleven to fifteen
24pupils.
25d. For purposes of calculating a therapeutic classroom grant
26award, the department shall determine grant awards based on the
27following:
28(1) For classrooms with one to five pupils, using the state
29cost per pupil multiplied by weighting of one and one-half
30pupil multiplied by five.
31(2) For classrooms with six to ten pupils, using the state
32cost per pupil multiplied by weighting of one and one-half
33pupil multiplied by ten.
34(3) For classrooms with eleven to fifteen pupils, using
35the state cost per pupil multiplied by weighting of one and
-2-1one-half pupil multiplied by fifteen.
2e. Grant moneys shall be distributed after July 1 but before
3the start of the school calendar for start-up costs for a new
4therapeutic classroom in the fall semester.
55. A therapeutic classroom incentive fund is established
6in the state treasury under the control of the department.
7The department may accept gifts, grants, bequests, and other
8private contributions, as well as state or federal moneys,
9for deposit in the fund. Moneys available in the therapeutic
10classroom incentive fund for a fiscal year shall be distributed
11as grants pursuant to this section.
12 Sec. 4. Section 256B.2, subsection 2, Code 2020, is amended
13to read as follows:
142. a. It is the policy of this state to require school
15districts and state-operated educational programs to provide
16or make provision, as an integral part of public education,
17for a free and appropriate public education sufficient to
18meet the needs of all children requiring special education.
19This chapter is not to be construed as encouraging separate
20facilities or segregated programs designed to meet the needs
21of children requiring special education when the children can
22benefit from all or part of the education program as offered
23by the local school district. To the maximum extent possible,
24children Children requiring special education shall, consistent
25with the least restrictive environment requirements under the
26federal Individuals with Disabilities Education Act, 20 U.S.C.
27§1400 et seq., attend regular classes and shall be educated
28with children who do not require special education.
29b. (1) Whenever possible reasonable, hindrances to
30learning and to the normal functioning of children requiring
31special education within the regular school environment shall
32be overcome by the provision of special aids and services
33rather than by separate programs for those in need of special
34education.
35(2) Special classes, separate schooling, or other removal
-3-1of children requiring special education from the regular
2educational environment, shall occur only when, and to
3the extent that the nature or severity of the educational
4disability is such, that education in regular classes, even
5with the use of supplementary aids and services, cannot be
6accomplished satisfactorily.
7(3) Individualized education programs for children
8requiring special education within the regular school
9environment shall not include provision for clearing all other
10students out of the regular classroom in order to calm the
11child requiring special education.
12c. For those children who cannot adapt to the regular
13educational or home living conditions, and who are attending
14facilities under chapters 263, 269, and 270, upon the request
15of the board of directors of an area education agency, the
16department of human services shall provide residential or
17detention facilities and the area education agency shall
18provide special education programs and services. The area
19education agencies shall cooperate with the board of regents to
20provide the services required by this chapter.
21 Sec. 5. Section 257.11, Code 2020, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 7A. Transportation to therapeutic
24classrooms. In order to provide additional funds for school
25districts to fund transportation services for pupils who are
26enrolled in the school district or in an accredited nonpublic
27school located within the boundaries of the school district,
28but who are assigned to a therapeutic classroom that is
29located more than thirty miles from the school district of
30enrollment or accredited nonpublic school and is operated by
31another school district or accredited nonpublic school under
32an agreement between the school districts or between a school
33district and an accredited nonpublic school, a supplementary
34weighting plan for such pupils is adopted. A supplementary
35weighting of two-tenths per pupil shall be assigned to
-4-1such pupils. The department shall prorate the amount of
2supplementary weighting paid in accordance with this section if
3the amount of additional funding for all school districts under
4this section exceeds five hundred thousand dollars.
5 Sec. 6. NEW SECTION. 279.51A Classroom environment —
6behavioral challenges — reports of violence or assault.
71. A classroom teacher may clear students from the classroom
8only if necessary to prevent or terminate an imminent threat of
9bodily injury to a student or another person in the classroom.
102. If a classroom teacher clears all other students from
11the classroom in accordance with subsection 1, the school
12district shall, by the end of the school day if possible but at
13least within twenty-four hours after the incident giving rise
14to the classroom clearance, notify the parents or guardians
15of all students assigned to the classroom that was cleared.
16The principal of the school shall request that the parent or
17guardian of the student whose behavior caused the classroom
18clearance meet with the principal, the classroom teacher, and
19other staff as appropriate, prior to the student’s return to
20the classroom.
213. If the student whose behavior caused the classroom
22clearance has an individualized education program, the
23classroom teacher may call for and be included in a
24reevaluation of the student’s individualized education program
25by the student’s individualized education program team.
264. A classroom teacher employed by a school district shall
27report any alleged incident of violence or assault by a student
28enrolled in the school to the principal of the school.
295. A teacher or administrator employed by a school district
30may report alleged incidents of violence or assault by a
31student enrolled in the school district to the commissioner of
32public safety. The commissioner, pursuant to section 692.19,
33shall compile and summarize the reports, categorized by alleged
34behavior, and shall submit the summary to the general assembly
35and the department of education pursuant to section 692.19. A
-5-1teacher or administrator who submits a report in accordance
2with this subsection and who meets the requirements of section
3280.27 or section 613.21 shall be immune from civil or criminal
4liability relating to such action, as well as for participating
5in any administrative or judicial proceeding resulting from or
6relating to the report pursuant to the provisions of sections
7280.27 and 613.21. Personal information regarding a student
8in a report submitted pursuant to this section shall be kept
9confidential in the same manner as personal information in
10student records maintained, created, collected, or assembled
11by or for a school corporation or educational institution in
12accordance with section 22.7, subsection 1.
136. For purposes of this section, unless the context
14otherwise requires, “bodily injury” means physical pain,
15illness, or any other impairment of physical condition.
16 Sec. 7. Section 280.21, subsection 1, Code 2020, is amended
17to read as follows:
181. An employee of a public school district, accredited
19nonpublic school, or area education agency shall not inflict,
20or cause to be inflicted, corporal punishment upon a student.
21For purposes of this section, “corporal punishment” means the
22intentional physical punishment of a student. An employee’s
23physical contact with the body of a student shall not be
24considered corporal punishment if, in the opinion of a
25reasonable person at the time of the incident, it is reasonable
26and necessary under the circumstances and is not designed or
27intended to cause pain or if the employee uses reasonable
28force, as defined under section 704.1, for the protection of
29the employee, the student, or other students; to obtain the
30possession of a weapon or other dangerous object within a
31student’s control; or for the protection of property. The
32department state board of education shall adopt rules under
33chapter 17A to implement this section.
34 Sec. 8. Section 280.21, subsection 2, unnumbered paragraph
351, Code 2020, is amended to read as follows:
-6- 1A school employee who, in the reasonable course of the
2employee’s employment responsibilities, comes into physical
3contact with a student shall be granted immunity from any civil
4or criminal liability, and immunity from any disciplinary
5action by the school employee’s employer or the department of
6education, which might otherwise be incurred or imposed as a
7result of such physical contact, if the physical contact is
8reasonable under the circumstances and involves any of the
9following:
10 Sec. 9. Section 280.21, subsection 2, Code 2020, is amended
11by adding the following new paragraphs:
12 NEW PARAGRAPH. j. Relocating a student who is causing a
13severe distraction or disturbance that is detracting from the
14educational experience of other students.
15 NEW PARAGRAPH. k. Relocating a student who is not
16responding to verbal or written instructions that are intended
17to change the immediate behavior of the student or relocating a
18student who is exhibiting passive resistance behaviors.
19 Sec. 10. Section 280.21, Code 2020, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 4. To prevail in a disciplinary action
22alleging a violation of this section or a disciplinary action
23alleging a violation of a related school policy, the party
24bringing the action shall prove the violation by clear and
25convincing evidence.
26 Sec. 11. Section 692.19, Code 2020, is amended by adding the
27following new subsection:
28 NEW SUBSECTION. 9. Shall compile and summarize reported
29incidents of violence or assault by a student enrolled in a
30school district submitted in accordance with section 279.51A,
31and shall submit the summary by September 1 annually to the
32general assembly and the department of education.
33 Sec. 12. DEPARTMENT OF EDUCATION. There is appropriated
34from the general fund of the state to the department of
35education for the fiscal year beginning July 1, 2020, and
-7-1ending June 30, 2021, the following amount, or so much thereof
2as is necessary, to be used for the purposes designated:
3For developing, establishing, and distributing standards,
4guidelines, and expectations relating to behavior in the
5classroom, restraint of a student, and professional development
6relating to educating individuals in the least restrictive
7environment in accordance with section 256.9, subsection 60,
8as enacted by this Act:
.................................................. $9500,000
10 Sec. 13. EMERGENCY RULES. The state board of education
11may adopt emergency rules under section 17A.4, subsection 3,
12and section 17A.5, subsection 2, paragraph “b”, to implement
13the provisions of this Act and the rules shall be effective
14immediately upon filing unless a later date is specified in the
15rules. Any rules adopted in accordance with this section shall
16also be published as a notice of intended action as provided
17in section 17A.4.
18 Sec. 14. EFFECTIVE DATE. The following takes effect July
191, 2021:
20The section of this Act amending section 256.16, subsection
211, paragraph “c”.
22 Sec. 15. EFFECTIVE DATE. The following, being deemed of
23immediate importance, take effect upon enactment:
241. The section of this Act enacting section 256.25.
252. The section of this Act relating to emergency rules.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to classroom management by providing for
30development and distribution of guidelines, requiring approved
31practitioner preparation programs to include preparation
32relating to the development of individualized education
33programs (IEP) and to positive behavioral interventions
34and other strategies, prohibiting implementation of what is
35commonly referred to as a classroom clear in a student’s IEP,
-8-1establishing a therapeutic classroom incentive grant program
2and fund under the control of the department of education
3to provide competitive grants to school districts for the
4establishment of therapeutic classrooms, appropriating moneys
5for the transportation of students to therapeutic classrooms,
6providing for the submission of reports of alleged violence or
7assaults by students to the commissioner of public safety, and
8making changes to provisions relating to corporal punishment.
9DEVELOPMENT AND DISTRIBUTION OF GUIDELINES. The bill
10directs the director of the department of education to develop
11and establish, and distribute to school districts, standards,
12guidelines, and expectations for responses to behavior in the
13classroom that presents an imminent threat of bodily injury
14to a student or another person. The director must consult
15with the area education agencies to create comprehensive and
16consistent standards and guidance for professional development
17relating to successfully educating individuals in the least
18restrictive environment. The bill defines “bodily injury” as
19physical pain, illness, or any other impairment of physical
20condition. The bill appropriates $500,000 to the department
21from the general fund of the state for FY 2020-2021 for such
22purposes.
23PRACTITIONER PREPARATION REQUIREMENTS. Approved
24practitioner preparation programs must include preparation in
25preparation for educating individuals in the least restrictive
26environment and other strategies to address difficult and
27violent student behavior and improve academic engagement and
28achievement. This provision takes effect July 1, 2021.
29CLASSROOM CLEAR REQUIREMENTS. Though an IEP developed for a
30child requiring special education shall not include provision
31for clearing all other students out of the regular classroom in
32order to calm the child, a classroom teacher may clear students
33from a classroom if a student’s behavior presents an immediate
34danger to the health or safety of persons in the classroom. If
35a teacher clears a classroom in such a situation, the school
-9-1district must, by the end of the school day optimally or at
2least within 24 hours of the incident, notify the parents
3or guardians of all students assigned to the classroom of
4the action taken to clear the classroom. The principal of
5the school shall request that the parent or guardian of the
6student whose behavior caused the classroom clearance meet
7with the principal, the classroom teacher, and other staff as
8appropriate, prior to the student’s return to the classroom.
9If the student has an IEP, the classroom teacher may call for
10and be included in a reevaluation of the student’s IEP by the
11student’s IEP team.
12A classroom teacher must report any alleged incident of
13violence or assault by a student to the principal.
14REPORTS TO COMMISSIONER OF PUBLIC SAFETY. A teacher or
15administrator may report alleged incidents of violence or
16assault by a student enrolled in the school district to the
17commissioner of public safety, who shall compile and summarize
18the reports and submit the summary by September 1 annually
19to the general assembly and the department of education. A
20teacher or administrator who submits such a report and meets
21certain statutory requirements is immune from civil or criminal
22liability. Personal information regarding a student in such a
23report is confidential.
24THERAPEUTIC CLASSROOM INCENTIVE GRANT AND FUND. A school
25district, which may collaborate and partner with one or more
26school districts, area education agencies, and accredited
27nonpublic schools in mental health and disability services
28regions providing children’s behavioral health services, may
29apply for a grant to establish a therapeutic classroom in the
30school district.
31The department is directed to develop a grant application
32and selection and evaluation criteria, and to give priority to
33grant applications submitted by school districts located in
34regions providing children’s behavioral health services, with
35highest priority to those proposing to serve the most students.
-10- 1If state, federal, or private moneys deposited in the
2therapeutic classroom incentive fund are sufficient, the
3department of education may issue grants to school districts
4for the establishment of therapeutic classrooms. Grant moneys
5shall be distributed after July 1 but before the start of
6the school calendar for start-up costs for a new therapeutic
7classroom in the fall semester.
8The total amount of funding awarded for the establishment
9of therapeutic classrooms for a fiscal year shall not exceed
10an amount equivalent to the state cost per pupil multiplied by
11weighting of 1.5 pupils calculated for 150 pupils.
12The therapeutic classroom incentive fund is established
13in the state treasury under the control of the department of
14education. The department may accept gifts, grants, bequests,
15and other private contributions, as well as state or federal
16moneys, for deposit in the fund.
17Provisions relating to the therapeutic classroom incentive
18grant and fund take effect upon enactment.
19TRANSPORTATION TO THERAPEUTIC CLASSROOMS. Pupils who are
20enrolled in a school district or in an accredited nonpublic
21school located within the boundaries of the school district,
22but who are assigned to a therapeutic classroom that is located
23more than 30 miles from the school district of enrollment and
24is operated by another school district or accredited nonpublic
25school under an agreement between the school districts or
26between a school district and an accredited nonpublic school,
27are assigned a supplementary weighting of two-tenths per pupil.
28The department shall prorate the amount of supplementary
29weighting paid if the amount of additional funding for all
30school districts exceeds $500,000.
31CORPORAL PUNISHMENT. The bill also adds to exemptions under
32the statutory provisions relating to corporal punishment of a
33student, provides circumstances under which a school employee
34shall be granted immunity from civil and criminal liability,
35and immunity from disciplinary action by the employer or the
-11-1department of education, which results from reasonable and
2necessary physical contact with a student, and establishes an
3evidentiary standard for a disciplinary action.
4Under the bill, if an employee’s physical contact with the
5body of a student meets current statutory requirements and
6is reasonable and necessary under the circumstances in the
7opinion of a reasonable person at the time of the incident, the
8physical contact shall not be considered corporal punishment.
9To the current circumstances under which a school employee
10shall be granted immunity, the bill adds relocating a student
11who is causing a severe distraction or disturbance that is
12detracting from the educational experience of other students,
13and relocating a student who is not responding to verbal or
14written instructions that are intended to change the immediate
15behavior of the student or relocating a student who is
16exhibiting passive resistance behaviors.
17To prevail in a disciplinary action alleging violation of
18the corporal punishment provisions or a related school policy,
19the bill provides that the party bringing the action must prove
20the violation by clear and convincing evidence.
21EMERGENCY RULEMAKING AUTHORITY. The bill authorizes the
22state board of education to adopt emergency rules to implement
23the bill. This provision takes effect upon enactment.
-12-kh/jh
2practitioner preparation procedures for reporting alleged
3classroom violence and assaults, to corporal punishment,
4establishing a grant program and fund for creation of
5therapeutic classrooms, providing supplementary weighting
6for the transportation of certain students to therapeutic
7classrooms, making an appropriation, and including effective
8date provisions.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.9, Code 2020, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 60. Develop, establish, and distribute
4to school districts standards, guidelines, and expectations
5for the appropriate and inappropriate responses to behavior
6in the classroom that presents an imminent threat of bodily
7injury to a student or another person and for the reasonable,
8necessary, and appropriate physical restraint of a student.
9The director shall consult with the area education agencies to
10create comprehensive and consistent standards and guidance for
11professional development relating to successfully educating
12individuals in the least restrictive environment.
13 Sec. 2. Section 256.16, subsection 1, paragraph c, Code
142020, is amended to read as follows:
15c. Include in the professional education program,
16preparation that contributes to the education of students
17with disabilities and students who are gifted and talented,
18preparation in developing individualized education programs,
19preparation for educating individuals in the least restrictive
20environment, and other strategies that address difficult and
21violent student behavior and improve academic engagement and
22achievement, and preparation in classroom management addressing
23high-risk behaviors including, but not limited to, behaviors
24related to substance abuse. Preparation required under this
25paragraph must be successfully completed before graduation from
26the practitioner preparation program.
27 Sec. 3. NEW SECTION. 256.25 Therapeutic classroom incentive
28grant program — fund.
291. The department shall create a therapeutic classroom
30incentive grant program to provide competitive grants to school
31districts for the establishment of therapeutic classrooms.
322. A school district, which may collaborate and partner
33with one or more school districts, area education agencies,
34and accredited nonpublic schools located in mental health and
35disability services regions providing children’s behavioral
-1-1health services in accordance with chapter 331, subchapter III,
2part 6, may apply for a grant under this program to establish a
3therapeutic classroom in the school district in accordance with
4this section.
53. The department shall develop a grant application
6and selection and evaluation criteria. Selection criteria
7shall include a method for prioritizing grant applications
8submitted by school districts located in mental health and
9disability services regions providing children’s behavioral
10health services in accordance with chapter 331, subchapter III,
11part 6, with those proposing to serve the most students given
12highest priority.
134. a. The department may disburse moneys contained in
14the therapeutic classroom incentive fund as grants to school
15districts for the establishment of therapeutic classrooms.
16b. The total amount of funding awarded for the establishment
17of therapeutic classrooms for a fiscal year shall not exceed
18an amount equivalent to the state cost per pupil multiplied by
19weighting of one and one-half pupil calculated for one hundred
20fifty pupils.
21c. Grant awards shall be made for the establishment of
22therapeutic classrooms with one to five pupils, classrooms
23with six to ten pupils, and classrooms with eleven to fifteen
24pupils.
25d. For purposes of calculating a therapeutic classroom grant
26award, the department shall determine grant awards based on the
27following:
28(1) For classrooms with one to five pupils, using the state
29cost per pupil multiplied by weighting of one and one-half
30pupil multiplied by five.
31(2) For classrooms with six to ten pupils, using the state
32cost per pupil multiplied by weighting of one and one-half
33pupil multiplied by ten.
34(3) For classrooms with eleven to fifteen pupils, using
35the state cost per pupil multiplied by weighting of one and
-2-1one-half pupil multiplied by fifteen.
2e. Grant moneys shall be distributed after July 1 but before
3the start of the school calendar for start-up costs for a new
4therapeutic classroom in the fall semester.
55. A therapeutic classroom incentive fund is established
6in the state treasury under the control of the department.
7The department may accept gifts, grants, bequests, and other
8private contributions, as well as state or federal moneys,
9for deposit in the fund. Moneys available in the therapeutic
10classroom incentive fund for a fiscal year shall be distributed
11as grants pursuant to this section.
12 Sec. 4. Section 256B.2, subsection 2, Code 2020, is amended
13to read as follows:
142. a. It is the policy of this state to require school
15districts and state-operated educational programs to provide
16or make provision, as an integral part of public education,
17for a free and appropriate public education sufficient to
18meet the needs of all children requiring special education.
19This chapter is not to be construed as encouraging separate
20facilities or segregated programs designed to meet the needs
21of children requiring special education when the children can
22benefit from all or part of the education program as offered
23by the local school district. To the maximum extent possible,
24children Children requiring special education shall, consistent
25with the least restrictive environment requirements under the
26federal Individuals with Disabilities Education Act, 20 U.S.C.
27§1400 et seq., attend regular classes and shall be educated
28with children who do not require special education.
29b. (1) Whenever possible reasonable, hindrances to
30learning and to the normal functioning of children requiring
31special education within the regular school environment shall
32be overcome by the provision of special aids and services
33rather than by separate programs for those in need of special
34education.
35(2) Special classes, separate schooling, or other removal
-3-1of children requiring special education from the regular
2educational environment, shall occur only when, and to
3the extent that the nature or severity of the educational
4disability is such, that education in regular classes, even
5with the use of supplementary aids and services, cannot be
6accomplished satisfactorily.
7(3) Individualized education programs for children
8requiring special education within the regular school
9environment shall not include provision for clearing all other
10students out of the regular classroom in order to calm the
11child requiring special education.
12c. For those children who cannot adapt to the regular
13educational or home living conditions, and who are attending
14facilities under chapters 263, 269, and 270, upon the request
15of the board of directors of an area education agency, the
16department of human services shall provide residential or
17detention facilities and the area education agency shall
18provide special education programs and services. The area
19education agencies shall cooperate with the board of regents to
20provide the services required by this chapter.
21 Sec. 5. Section 257.11, Code 2020, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 7A. Transportation to therapeutic
24classrooms. In order to provide additional funds for school
25districts to fund transportation services for pupils who are
26enrolled in the school district or in an accredited nonpublic
27school located within the boundaries of the school district,
28but who are assigned to a therapeutic classroom that is
29located more than thirty miles from the school district of
30enrollment or accredited nonpublic school and is operated by
31another school district or accredited nonpublic school under
32an agreement between the school districts or between a school
33district and an accredited nonpublic school, a supplementary
34weighting plan for such pupils is adopted. A supplementary
35weighting of two-tenths per pupil shall be assigned to
-4-1such pupils. The department shall prorate the amount of
2supplementary weighting paid in accordance with this section if
3the amount of additional funding for all school districts under
4this section exceeds five hundred thousand dollars.
5 Sec. 6. NEW SECTION. 279.51A Classroom environment —
6behavioral challenges — reports of violence or assault.
71. A classroom teacher may clear students from the classroom
8only if necessary to prevent or terminate an imminent threat of
9bodily injury to a student or another person in the classroom.
102. If a classroom teacher clears all other students from
11the classroom in accordance with subsection 1, the school
12district shall, by the end of the school day if possible but at
13least within twenty-four hours after the incident giving rise
14to the classroom clearance, notify the parents or guardians
15of all students assigned to the classroom that was cleared.
16The principal of the school shall request that the parent or
17guardian of the student whose behavior caused the classroom
18clearance meet with the principal, the classroom teacher, and
19other staff as appropriate, prior to the student’s return to
20the classroom.
213. If the student whose behavior caused the classroom
22clearance has an individualized education program, the
23classroom teacher may call for and be included in a
24reevaluation of the student’s individualized education program
25by the student’s individualized education program team.
264. A classroom teacher employed by a school district shall
27report any alleged incident of violence or assault by a student
28enrolled in the school to the principal of the school.
295. A teacher or administrator employed by a school district
30may report alleged incidents of violence or assault by a
31student enrolled in the school district to the commissioner of
32public safety. The commissioner, pursuant to section 692.19,
33shall compile and summarize the reports, categorized by alleged
34behavior, and shall submit the summary to the general assembly
35and the department of education pursuant to section 692.19. A
-5-1teacher or administrator who submits a report in accordance
2with this subsection and who meets the requirements of section
3280.27 or section 613.21 shall be immune from civil or criminal
4liability relating to such action, as well as for participating
5in any administrative or judicial proceeding resulting from or
6relating to the report pursuant to the provisions of sections
7280.27 and 613.21. Personal information regarding a student
8in a report submitted pursuant to this section shall be kept
9confidential in the same manner as personal information in
10student records maintained, created, collected, or assembled
11by or for a school corporation or educational institution in
12accordance with section 22.7, subsection 1.
136. For purposes of this section, unless the context
14otherwise requires, “bodily injury” means physical pain,
15illness, or any other impairment of physical condition.
16 Sec. 7. Section 280.21, subsection 1, Code 2020, is amended
17to read as follows:
181. An employee of a public school district, accredited
19nonpublic school, or area education agency shall not inflict,
20or cause to be inflicted, corporal punishment upon a student.
21For purposes of this section, “corporal punishment” means the
22intentional physical punishment of a student. An employee’s
23physical contact with the body of a student shall not be
24considered corporal punishment if, in the opinion of a
25reasonable person at the time of the incident, it is reasonable
26and necessary under the circumstances and is not designed or
27intended to cause pain or if the employee uses reasonable
28force, as defined under section 704.1, for the protection of
29the employee, the student, or other students; to obtain the
30possession of a weapon or other dangerous object within a
31student’s control; or for the protection of property. The
32department state board of education shall adopt rules under
33chapter 17A to implement this section.
34 Sec. 8. Section 280.21, subsection 2, unnumbered paragraph
351, Code 2020, is amended to read as follows:
-6- 1A school employee who, in the reasonable course of the
2employee’s employment responsibilities, comes into physical
3contact with a student shall be granted immunity from any civil
4or criminal liability, and immunity from any disciplinary
5action by the school employee’s employer or the department of
6education, which might otherwise be incurred or imposed as a
7result of such physical contact, if the physical contact is
8reasonable under the circumstances and involves any of the
9following:
10 Sec. 9. Section 280.21, subsection 2, Code 2020, is amended
11by adding the following new paragraphs:
12 NEW PARAGRAPH. j. Relocating a student who is causing a
13severe distraction or disturbance that is detracting from the
14educational experience of other students.
15 NEW PARAGRAPH. k. Relocating a student who is not
16responding to verbal or written instructions that are intended
17to change the immediate behavior of the student or relocating a
18student who is exhibiting passive resistance behaviors.
19 Sec. 10. Section 280.21, Code 2020, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 4. To prevail in a disciplinary action
22alleging a violation of this section or a disciplinary action
23alleging a violation of a related school policy, the party
24bringing the action shall prove the violation by clear and
25convincing evidence.
26 Sec. 11. Section 692.19, Code 2020, is amended by adding the
27following new subsection:
28 NEW SUBSECTION. 9. Shall compile and summarize reported
29incidents of violence or assault by a student enrolled in a
30school district submitted in accordance with section 279.51A,
31and shall submit the summary by September 1 annually to the
32general assembly and the department of education.
33 Sec. 12. DEPARTMENT OF EDUCATION. There is appropriated
34from the general fund of the state to the department of
35education for the fiscal year beginning July 1, 2020, and
-7-1ending June 30, 2021, the following amount, or so much thereof
2as is necessary, to be used for the purposes designated:
3For developing, establishing, and distributing standards,
4guidelines, and expectations relating to behavior in the
5classroom, restraint of a student, and professional development
6relating to educating individuals in the least restrictive
7environment in accordance with section 256.9, subsection 60,
8as enacted by this Act:
.................................................. $9500,000
10 Sec. 13. EMERGENCY RULES. The state board of education
11may adopt emergency rules under section 17A.4, subsection 3,
12and section 17A.5, subsection 2, paragraph “b”, to implement
13the provisions of this Act and the rules shall be effective
14immediately upon filing unless a later date is specified in the
15rules. Any rules adopted in accordance with this section shall
16also be published as a notice of intended action as provided
17in section 17A.4.
18 Sec. 14. EFFECTIVE DATE. The following takes effect July
191, 2021:
20The section of this Act amending section 256.16, subsection
211, paragraph “c”.
22 Sec. 15. EFFECTIVE DATE. The following, being deemed of
23immediate importance, take effect upon enactment:
241. The section of this Act enacting section 256.25.
252. The section of this Act relating to emergency rules.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to classroom management by providing for
30development and distribution of guidelines, requiring approved
31practitioner preparation programs to include preparation
32relating to the development of individualized education
33programs (IEP) and to positive behavioral interventions
34and other strategies, prohibiting implementation of what is
35commonly referred to as a classroom clear in a student’s IEP,
-8-1establishing a therapeutic classroom incentive grant program
2and fund under the control of the department of education
3to provide competitive grants to school districts for the
4establishment of therapeutic classrooms, appropriating moneys
5for the transportation of students to therapeutic classrooms,
6providing for the submission of reports of alleged violence or
7assaults by students to the commissioner of public safety, and
8making changes to provisions relating to corporal punishment.
9DEVELOPMENT AND DISTRIBUTION OF GUIDELINES. The bill
10directs the director of the department of education to develop
11and establish, and distribute to school districts, standards,
12guidelines, and expectations for responses to behavior in the
13classroom that presents an imminent threat of bodily injury
14to a student or another person. The director must consult
15with the area education agencies to create comprehensive and
16consistent standards and guidance for professional development
17relating to successfully educating individuals in the least
18restrictive environment. The bill defines “bodily injury” as
19physical pain, illness, or any other impairment of physical
20condition. The bill appropriates $500,000 to the department
21from the general fund of the state for FY 2020-2021 for such
22purposes.
23PRACTITIONER PREPARATION REQUIREMENTS. Approved
24practitioner preparation programs must include preparation in
25preparation for educating individuals in the least restrictive
26environment and other strategies to address difficult and
27violent student behavior and improve academic engagement and
28achievement. This provision takes effect July 1, 2021.
29CLASSROOM CLEAR REQUIREMENTS. Though an IEP developed for a
30child requiring special education shall not include provision
31for clearing all other students out of the regular classroom in
32order to calm the child, a classroom teacher may clear students
33from a classroom if a student’s behavior presents an immediate
34danger to the health or safety of persons in the classroom. If
35a teacher clears a classroom in such a situation, the school
-9-1district must, by the end of the school day optimally or at
2least within 24 hours of the incident, notify the parents
3or guardians of all students assigned to the classroom of
4the action taken to clear the classroom. The principal of
5the school shall request that the parent or guardian of the
6student whose behavior caused the classroom clearance meet
7with the principal, the classroom teacher, and other staff as
8appropriate, prior to the student’s return to the classroom.
9If the student has an IEP, the classroom teacher may call for
10and be included in a reevaluation of the student’s IEP by the
11student’s IEP team.
12A classroom teacher must report any alleged incident of
13violence or assault by a student to the principal.
14REPORTS TO COMMISSIONER OF PUBLIC SAFETY. A teacher or
15administrator may report alleged incidents of violence or
16assault by a student enrolled in the school district to the
17commissioner of public safety, who shall compile and summarize
18the reports and submit the summary by September 1 annually
19to the general assembly and the department of education. A
20teacher or administrator who submits such a report and meets
21certain statutory requirements is immune from civil or criminal
22liability. Personal information regarding a student in such a
23report is confidential.
24THERAPEUTIC CLASSROOM INCENTIVE GRANT AND FUND. A school
25district, which may collaborate and partner with one or more
26school districts, area education agencies, and accredited
27nonpublic schools in mental health and disability services
28regions providing children’s behavioral health services, may
29apply for a grant to establish a therapeutic classroom in the
30school district.
31The department is directed to develop a grant application
32and selection and evaluation criteria, and to give priority to
33grant applications submitted by school districts located in
34regions providing children’s behavioral health services, with
35highest priority to those proposing to serve the most students.
-10- 1If state, federal, or private moneys deposited in the
2therapeutic classroom incentive fund are sufficient, the
3department of education may issue grants to school districts
4for the establishment of therapeutic classrooms. Grant moneys
5shall be distributed after July 1 but before the start of
6the school calendar for start-up costs for a new therapeutic
7classroom in the fall semester.
8The total amount of funding awarded for the establishment
9of therapeutic classrooms for a fiscal year shall not exceed
10an amount equivalent to the state cost per pupil multiplied by
11weighting of 1.5 pupils calculated for 150 pupils.
12The therapeutic classroom incentive fund is established
13in the state treasury under the control of the department of
14education. The department may accept gifts, grants, bequests,
15and other private contributions, as well as state or federal
16moneys, for deposit in the fund.
17Provisions relating to the therapeutic classroom incentive
18grant and fund take effect upon enactment.
19TRANSPORTATION TO THERAPEUTIC CLASSROOMS. Pupils who are
20enrolled in a school district or in an accredited nonpublic
21school located within the boundaries of the school district,
22but who are assigned to a therapeutic classroom that is located
23more than 30 miles from the school district of enrollment and
24is operated by another school district or accredited nonpublic
25school under an agreement between the school districts or
26between a school district and an accredited nonpublic school,
27are assigned a supplementary weighting of two-tenths per pupil.
28The department shall prorate the amount of supplementary
29weighting paid if the amount of additional funding for all
30school districts exceeds $500,000.
31CORPORAL PUNISHMENT. The bill also adds to exemptions under
32the statutory provisions relating to corporal punishment of a
33student, provides circumstances under which a school employee
34shall be granted immunity from civil and criminal liability,
35and immunity from disciplinary action by the employer or the
-11-1department of education, which results from reasonable and
2necessary physical contact with a student, and establishes an
3evidentiary standard for a disciplinary action.
4Under the bill, if an employee’s physical contact with the
5body of a student meets current statutory requirements and
6is reasonable and necessary under the circumstances in the
7opinion of a reasonable person at the time of the incident, the
8physical contact shall not be considered corporal punishment.
9To the current circumstances under which a school employee
10shall be granted immunity, the bill adds relocating a student
11who is causing a severe distraction or disturbance that is
12detracting from the educational experience of other students,
13and relocating a student who is not responding to verbal or
14written instructions that are intended to change the immediate
15behavior of the student or relocating a student who is
16exhibiting passive resistance behaviors.
17To prevail in a disciplinary action alleging violation of
18the corporal punishment provisions or a related school policy,
19the bill provides that the party bringing the action must prove
20the violation by clear and convincing evidence.
21EMERGENCY RULEMAKING AUTHORITY. The bill authorizes the
22state board of education to adopt emergency rules to implement
23the bill. This provision takes effect upon enactment.
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