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Senate File 2288 - IntroducedA Bill ForAn Act 1pertaining to immunity from civil or criminal liability
2for acts of corporal punishment in schools.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 280.21, subsection 1, Code 2020, is
2amended to read as follows:
31. An employee or volunteer of a public school district,
4accredited nonpublic school, or area education agency shall not
5inflict, or cause to be inflicted, corporal punishment upon a
6student. For purposes of this section, “corporal punishment”
7means the intentional physical punishment of a student. An
8employee’s or volunteer’s physical contact with the body of
9a student shall not be considered corporal punishment if it
10is reasonable and necessary under the circumstances and is
11not designed or intended to cause pain or if the employee
12or volunteer uses reasonable force, as defined under section
13704.1, for the protection of the employee or volunteer, the
14student, or other students; to obtain the possession of a
15weapon or other dangerous object within a student’s control; or
16for the protection of property. The department of education
17shall adopt rules to implement this section.
18 Sec. 2. Section 280.21, subsection 2, unnumbered paragraph
191, Code 2020, is amended to read as follows:
20A school employee who, in the reasonable course of the
21employee’s employment responsibilities, or a school volunteer
22who, in the reasonable course of the school volunteer’s
23volunteer responsibilities, comes into physical contact with a
24student shall be granted immunity from any civil or criminal
25liability which might otherwise be incurred or imposed as a
26result of such physical contact, if the physical contact is
27reasonable under the circumstances and involves the following:
28 Sec. 3. Section 280.21, Code 2020, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 2A. If a school employee or school
31volunteer is granted immunity from any civil or criminal
32liability as provided in subsection 2, the school district,
33board of directors of the school district, or authorities in
34charge of the accredited nonpublic school shall also be granted
35immunity from any civil or criminal liability to the same
-1-1extent as the school employee or school volunteer.
2 Sec. 4. Section 280.21, subsection 3, Code 2020, is amended
3to read as follows:
43. To prevail in a civil action alleging a violation
5of this section, the party bringing the action shall prove
6the violation by clear and convincing evidence. Any school
7employee, school volunteer, school district, board of directors
8of a school district, or authorities in charge of an accredited
9nonpublic school determined in a civil action to have been
10wrongfully accused under this section shall be awarded
11reasonable monetary damages, including attorney fees, in light
12of the circumstances involved, against the party bringing the
13action.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17Current law governing corporal punishment in schools
18prohibits an employee of a public school district, accredited
19nonpublic school, or area education agency from inflicting
20corporal punishment upon a student. “Corporal punishment” is
21defined as the intentional physical punishment of a student.
22Current law specifies circumstances in which an employee’s
23physical contact with the body of a student shall not be
24considered corporal punishment. Current law also provides
25that a school employee who, in the reasonable course of the
26employee’s employment responsibilities, comes into physical
27contact with a student shall be granted immunity from any
28civil or criminal liability which might otherwise be incurred
29or imposed as a result of such physical contact, if the
30physical contact is reasonable under the circumstances and
31involves various specified acts. This bill applies the same
32prohibitions, responsibilities, and immunity to a school
33volunteer.
34The bill provides that if a school employee or school
35volunteer is granted immunity from any civil or criminal
-2-1liability in this way, the school district, board of directors
2of the school district, or authorities in charge of the
3accredited nonpublic school shall also be granted immunity
4from any civil or criminal liability to the same extent as the
5school employee or school volunteer.
6Current law provides that any school employee determined in
7a civil action to have been wrongfully accused of violating
8state law on corporal punishment in schools shall be awarded
9reasonable monetary damages, in light of the circumstances
10involved, against the party bringing the action. The bill
11applies this provision to a school volunteer, the school
12district, board of directors of the school district, or
13authorities in charge of the accredited nonpublic school as
14well. The bill provides that reasonable monetary damages
15include attorney fees.
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2for acts of corporal punishment in schools.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 280.21, subsection 1, Code 2020, is
2amended to read as follows:
31. An employee or volunteer of a public school district,
4accredited nonpublic school, or area education agency shall not
5inflict, or cause to be inflicted, corporal punishment upon a
6student. For purposes of this section, “corporal punishment”
7means the intentional physical punishment of a student. An
8employee’s or volunteer’s physical contact with the body of
9a student shall not be considered corporal punishment if it
10is reasonable and necessary under the circumstances and is
11not designed or intended to cause pain or if the employee
12or volunteer uses reasonable force, as defined under section
13704.1, for the protection of the employee or volunteer, the
14student, or other students; to obtain the possession of a
15weapon or other dangerous object within a student’s control; or
16for the protection of property. The department of education
17shall adopt rules to implement this section.
18 Sec. 2. Section 280.21, subsection 2, unnumbered paragraph
191, Code 2020, is amended to read as follows:
20A school employee who, in the reasonable course of the
21employee’s employment responsibilities, or a school volunteer
22who, in the reasonable course of the school volunteer’s
23volunteer responsibilities, comes into physical contact with a
24student shall be granted immunity from any civil or criminal
25liability which might otherwise be incurred or imposed as a
26result of such physical contact, if the physical contact is
27reasonable under the circumstances and involves the following:
28 Sec. 3. Section 280.21, Code 2020, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 2A. If a school employee or school
31volunteer is granted immunity from any civil or criminal
32liability as provided in subsection 2, the school district,
33board of directors of the school district, or authorities in
34charge of the accredited nonpublic school shall also be granted
35immunity from any civil or criminal liability to the same
-1-1extent as the school employee or school volunteer.
2 Sec. 4. Section 280.21, subsection 3, Code 2020, is amended
3to read as follows:
43. To prevail in a civil action alleging a violation
5of this section, the party bringing the action shall prove
6the violation by clear and convincing evidence. Any school
7employee, school volunteer, school district, board of directors
8of a school district, or authorities in charge of an accredited
9nonpublic school determined in a civil action to have been
10wrongfully accused under this section shall be awarded
11reasonable monetary damages, including attorney fees, in light
12of the circumstances involved, against the party bringing the
13action.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17Current law governing corporal punishment in schools
18prohibits an employee of a public school district, accredited
19nonpublic school, or area education agency from inflicting
20corporal punishment upon a student. “Corporal punishment” is
21defined as the intentional physical punishment of a student.
22Current law specifies circumstances in which an employee’s
23physical contact with the body of a student shall not be
24considered corporal punishment. Current law also provides
25that a school employee who, in the reasonable course of the
26employee’s employment responsibilities, comes into physical
27contact with a student shall be granted immunity from any
28civil or criminal liability which might otherwise be incurred
29or imposed as a result of such physical contact, if the
30physical contact is reasonable under the circumstances and
31involves various specified acts. This bill applies the same
32prohibitions, responsibilities, and immunity to a school
33volunteer.
34The bill provides that if a school employee or school
35volunteer is granted immunity from any civil or criminal
-2-1liability in this way, the school district, board of directors
2of the school district, or authorities in charge of the
3accredited nonpublic school shall also be granted immunity
4from any civil or criminal liability to the same extent as the
5school employee or school volunteer.
6Current law provides that any school employee determined in
7a civil action to have been wrongfully accused of violating
8state law on corporal punishment in schools shall be awarded
9reasonable monetary damages, in light of the circumstances
10involved, against the party bringing the action. The bill
11applies this provision to a school volunteer, the school
12district, board of directors of the school district, or
13authorities in charge of the accredited nonpublic school as
14well. The bill provides that reasonable monetary damages
15include attorney fees.
-3-je/jh