Senate File 2331 - IntroducedA Bill ForAn Act 1concerning the employment rights of public school
2employees and officials relating to student exercise of free
3expression in public schools.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 280.22, subsection 6, Code 2020, is
2amended to read as follows:
   36.  a.  Any expression made by students in the exercise of
4free speech, including student expression in official school
5publications, shall not be deemed to be an expression of school
6policy, and the public school district and school employees or
7officials shall not be liable in any civil or criminal action
8for any student expression made or published by students,
9unless the school employees or officials have interfered with
10or altered the content of the student speech or expression, and
11then only to the extent of the interference or alteration of
12the speech or expression.
   13b.  A public school employee or official shall not be
14dismissed, suspended, disciplined, reassigned, transferred,
15subject to termination or nonrenewal of a teaching contract
16issued under section 279.13 or an extracurricular contract
17issued under section 279.19A, or otherwise retaliated against
18solely for acting to protect a student for engaging in conduct
19authorized under this section, or refusing to infringe upon
20student conduct that is protected by this section, the first
21amendment to the Constitution of the United States, or Article
22I, section 7, of the Constitution of the State of Iowa.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
   26This bill provides that a public school employee or official
27shall not be dismissed, suspended, disciplined, reassigned,
28transferred, subject to termination or nonrenewal of a
29teaching contract or an extracurricular contract, or otherwise
30retaliated against solely for acting to protect a student for
31engaging in conduct authorized under Iowa law pertaining to
32freedom of expression of public school students, or refusing to
33infringe upon student conduct that is protected by such Iowa
34law, the first amendment to the Constitution of the United
35States, or Article I, section 7, of the Constitution of the
-1-1State of Iowa.
   2Current law provides that public school students have the
3right to exercise freedom of speech, including the right of
4expression in official school publications, with exceptions
5for materials that are obscene, libelous, or slanderous, or
6encourage students to commit unlawful acts, violate lawful
7school regulations, or cause the material and substantial
8disruption of the orderly operation of the school.
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