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House File 2532 - 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 claims reimbursement
6to schools for the transportation of certain students to
7therapeutic classrooms, making appropriations, and including
8effective date 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 evidence-based standards, guidelines, and
5expectations for the appropriate and inappropriate responses
6to behavior in the classroom that presents an imminent threat
7of bodily injury to a student or another person and for the
8reasonable, necessary, and appropriate physical restraint
9of a student, consistent with rules adopted by the state
10board pursuant to section 280.21. The director shall consult
11with the area education agencies to create comprehensive and
12consistent standards and guidance for professional development
13relating to successfully educating individuals in the least
14restrictive environment.
15 Sec. 2. Section 256.16, subsection 1, paragraph c, Code
162020, is amended to read as follows:
17c. Include in the professional education program,
18preparation that contributes to the education of students
19with disabilities and students who are gifted and talented,
20preparation in developing and implementing individualized
21education programs and behavioral intervention plans,
22preparation for educating individuals in the least restrictive
23environment and identifying that environment, and other
24strategies that address difficult and violent student
25behavior and improve academic engagement and achievement,
26 and preparation in classroom management addressing high-risk
27behaviors including, but not limited to, behaviors related to
28substance abuse. Preparation required under this paragraph
29must be successfully completed before graduation from the
30practitioner preparation program.
31 Sec. 3. NEW SECTION. 256.25 Therapeutic classroom incentive
32grant program — fund.
331. The department shall create a therapeutic classroom
34incentive grant program to provide competitive grants to school
35districts for the establishment of therapeutic classrooms.
-1- 12. A school district, which may collaborate and partner
2with one or more school districts, area education agencies,
3accredited nonpublic schools, nonprofit agencies, and
4institutions that provide children’s mental health services,
5located in mental health and disability services regions
6providing children’s behavioral health services in accordance
7with chapter 331, subchapter III, part 6, may apply for a grant
8under this program to establish a therapeutic classroom in the
9school district in accordance with this section.
103. The department shall develop a grant application
11and selection and evaluation criteria. Selection criteria
12shall include a method for prioritizing grant applications
13submitted by school districts located in mental health and
14disability services regions providing children’s behavioral
15health services in accordance with chapter 331, subchapter III,
16part 6, with those proposing to serve the most students given
17highest priority.
184. a. The department may disburse moneys contained in
19the therapeutic classroom incentive fund as grants to school
20districts for the establishment of therapeutic classrooms.
21b. The total amount of funding awarded for the establishment
22of therapeutic classrooms for a fiscal year shall not exceed
23an amount equivalent to the state cost per pupil multiplied by
24weighting of one and one-half pupil calculated for one hundred
25fifty pupils.
26c. Grant awards shall be made for the establishment of
27therapeutic classrooms with one to five pupils, classrooms
28with six to ten pupils, and classrooms with eleven to fifteen
29pupils.
30d. For purposes of calculating a therapeutic classroom grant
31award, the department shall determine grant awards based on the
32following:
33(1) For classrooms with one to five pupils, using the state
34cost per pupil multiplied by weighting of one and one-half
35pupil multiplied by five.
-2- 1(2) For classrooms with six to ten pupils, using the state
2cost per pupil multiplied by weighting of one and one-half
3pupil multiplied by ten.
4(3) For classrooms with eleven to fifteen pupils, using
5the state cost per pupil multiplied by weighting of one and
6one-half pupil multiplied by fifteen.
7e. Grant moneys shall be distributed after December 31 but
8before the start of the school calendar for start-up costs for
9a new therapeutic classroom in the fall semester.
105. A therapeutic classroom incentive fund is established
11in the state treasury under the control of the department.
12Moneys credited to the fund are appropriated to the department
13for purposes of distributing grants under this section.The
14department may accept gifts, grants, bequests, and other
15private contributions, as well as state or federal moneys,
16for deposit in the fund. Moneys available in the therapeutic
17classroom incentive fund for a fiscal year shall be distributed
18as grants pursuant to this section. Notwithstanding section
198.33, moneys in the fund at the close of the fiscal year shall
20not revert but shall remain available for expenditure for the
21purposes designated for subsequent fiscal years.
226. Placement of a child requiring special education under
23chapter 256B in a therapeutic classroom, whether or not the
24school district operating such classroom receives funds under
25this section, is subject to the provisions of chapter 256B,
26to the administrative rules adopted by the state board for
27purposes of chapter 256B, and to the federal Individuals with
28Disabilities Education Act, 20 U.S.C. §1400 et seq., and shall
29not violate such laws, rules, or regulations.
307. For purposes of this section, “therapeutic classroom”
31means a classroom designed for the purpose of providing support
32for any student whose emotional, social, or behavioral needs
33interfere with the student’s ability to be successful in the
34current educational environment, with or without supports,
35until the student is able to successfully return to the
-3-1student’s current education environment, with or without
2supports, including but not limited to the general education
3classroom.
4 Sec. 4. NEW SECTION. 256.25A Therapeutic classroom —
5claims.
61. If the general assembly appropriates funds to the
7department for the payment of claims for costs submitted by the
8school district for purposes of this section, a school district
9may submit a claim for reimbursement for services provided
10under paragraphs “a” and “b”.
11a. A school district that provides transportation services
12for students who are enrolled in the school district or in an
13accredited nonpublic school located within the boundaries of
14the school district, who have not been assigned a weighting
15under section 256B.9, but who are assigned to a therapeutic
16classroom that is located more than thirty miles from the
17school designated for attendance or accredited nonpublic school
18and is operated by another school district or accredited
19nonpublic school under an agreement between the school
20districts or between a school district and an accredited
21nonpublic school, may submit claims for reimbursement for the
22costs of providing such transportation.
23b. A school district that provides a therapeutic classroom
24to students enrolled in school districts or accredited
25nonpublic schools that have certain individualized education
26programs or behavioral intervention plans, may submit claims
27for reimbursement for students assigned to such a classroom who
28are not assigned a weighting under section 256B.9, subsection
291, paragraph “b”, “c”, or “d”, and for pupils for whom
30behavioral intervention plans have been implemented.
312. Nonpublic school students assigned to a therapeutic
32classroom under subsection 1, paragraph “b”, shall be enrolled
33in a school district as shared-time pupils under section
34257.6, subsection 1, paragraph “a”, subparagraph (7), in order
35for the school district to submit a claim for reimbursement
-4-1for services provided to such students under subsection 1,
2paragraph “b”.
33. a. The department shall prorate the amount of claims
4reimbursement under subsection 1, paragraph “a”, if the
5amount of reimbursement claimed for all school districts under
6subsection 1, paragraph “a”, exceeds five hundred thousand
7dollars.
8b. The department shall prorate the amount of claims
9reimbursement for all school districts under subsection 1,
10paragraph “b”, if the amount of reimbursement claimed for all
11school districts under subsection 1, paragraph “b”, exceeds the
12amount appropriated by the general assembly for such purpose.
134. The costs of providing transportation to nonpublic
14school pupils as provided in this section shall not be included
15in the computation of district cost under chapter 257, but
16shall be shown in the budget as an expense from miscellaneous
17income. Any transportation reimbursements received by a
18school district for transporting nonpublic school pupils shall
19not affect district cost limitations of chapter 257. The
20reimbursements provided in this section are miscellaneous
21income as defined in section 257.2.
225. a. Claims for reimbursement shall be made to the
23department by the school district providing transportation
24during a school year pursuant to subsection 1, paragraph “a”. A
25claim shall not exceed the average transportation costs of the
26district per pupil transported except as otherwise provided.
27b. Claims submitted under this section shall be on a form
28prescribed by the department, and the claim shall state the
29services provided, the number of eligible students served, and
30the actual costs incurred.
31c. By June 15 of each year, school districts with eligible
32claims shall submit such claims to the department. By July of
33each year, the department shall draw warrants payable to school
34districts which have established claims.
356. The state board shall adopt rules pursuant to chapter 17A
-5-1to administer this section.
27. For purposes of this section, “therapeutic classroom”
3means the same as defined in section 256.25, subsection 7.
4 Sec. 5. Section 256B.2, subsection 2, Code 2020, is amended
5to read as follows:
62. a. It is the policy of this state to require school
7districts and state-operated educational programs to provide
8or make provision, as an integral part of public education,
9for a free and appropriate public education sufficient to
10meet the needs of all children requiring special education.
11This chapter is not to be construed as encouraging separate
12facilities or segregated programs designed to meet the needs
13of children requiring special education when the children can
14benefit from all or part of the education program as offered
15by the local school district. To the maximum extent possible,
16children Children requiring special education shall, consistent
17with the least restrictive environment requirements under the
18federal Individuals with Disabilities Education Act, 20 U.S.C.
19§1400 et seq., attend regular classes and shall be educated
20with children who do not require special education.
21b. (1) Whenever possible appropriate, hindrances to
22learning and to the normal functioning of children requiring
23special education within the regular school environment shall
24be overcome by the provision of special aids and services
25rather than by separate programs for those in need of special
26education.
27(2) Special classes, separate schooling, or other removal
28of children requiring special education from the regular
29educational environment, shall occur only when, and to
30the extent that the nature or severity of the educational
31disability is such, that education in regular classes, even
32with the use of supplementary aids and services, cannot be
33accomplished satisfactorily.
34(3) Individualized education programs for children
35requiring special education within the regular school
-6-1environment and behavioral intervention plans shall not
2include provisions for clearing all other students out of the
3regular classroom in order to calm the child requiring special
4education or the child for whom a behavioral intervention plan
5has been implemented except as provided in section 279.51A.
6c. For those children who cannot adapt to the regular
7educational or home living conditions, and who are attending
8facilities under chapters 263, 269, and 270, upon the request
9of the board of directors of an area education agency, the
10department of human services shall provide residential or
11detention facilities and the area education agency shall
12provide special education programs and services. The area
13education agencies shall cooperate with the board of regents to
14provide the services required by this chapter.
15 Sec. 6. Section 257.6, subsection 1, paragraph a,
16subparagraph (7), Code 2020, is amended to read as follows:
17(7) A student attending an accredited nonpublic school or
18receiving competent private instruction under chapter 299A,
19who is assigned to a therapeutic classroom in accordance with
20section 256.25A or is participating in a program under chapter
21261E, shall be counted as a shared-time student in the school
22district in which the nonpublic school of attendance is located
23for state foundation aid purposes.
24 Sec. 7. Section 257.16C, subsection 2, paragraph d, Code
252020, is amended to read as follows:
26d. A school district’s transportation cost per pupil
27shall be determined by dividing the school district’s actual
28transportation cost for all children transported in all school
29buses for a school year pursuant to section 285.1, subsection
3012, less the amount amounts received for transporting nonpublic
31school pupils under section sections 256.25 and 285.1, by the
32district’s actual enrollment for the school year, excluding
33the shared-time enrollment for the school year as defined in
34section 257.6.
35 Sec. 8. NEW SECTION. 279.51A Classroom environment —
-7-1behavioral challenges — reports of violence or assault.
21. A classroom teacher may clear students from the classroom
3only if necessary to prevent or terminate an imminent threat of
4bodily injury to a student or another person in the classroom.
52. If a classroom teacher clears all other students from the
6classroom in accordance with subsection 1, the school principal
7shall, by the end of the school day if possible but at least
8within twenty-four hours after the incident giving rise to
9the classroom clearance, notify the parents or guardians of
10all students assigned to the classroom that was cleared. The
11notification shall not identify, directly or indirectly, any
12students involved in the incident giving rise to the classroom
13clearance. The principal of the school shall request that the
14parent or guardian of the student whose behavior caused the
15classroom clearance meet with the principal, the classroom
16teacher, and other staff as appropriate.
173. If the student whose behavior caused the classroom
18clearance has an individualized education program or a
19behavioral intervention plan, the classroom teacher shall call
20for and be included in a review and potential revision of
21the student’s individualized education program or behavioral
22intervention plan by the student’s individualized education
23program team. The area education agency, in collaboration
24with the school district, may, when the parent or guardian
25meets with the individualized education program team during
26the reevaluation of the student’s individualized education
27program, inform the parent or guardian of individual or family
28counseling services available in the area.
294. A classroom teacher employed by a school district
30shall report any alleged incident of violence or assault by
31a student enrolled in the school to the principal of the
32school. After two or more such incidents, the teacher may
33report the alleged incidents to the board of directors of
34the school district. If the teacher believes the threats of
35violence or assault have not been remedied by the board of
-8-1directors of the school district, the teacher may appeal the
2school board’s decision, or lack thereof, to the state board
3of education as provided in section 256.7, subsection 6. The
4state board of education shall determine, based on the facts,
5whether the requested relief is warranted while appropriately
6weighing the educational rights of any students involved. The
7provisions of sections 70A.29, 280.27, and 613.21 shall apply
8to the appeal and any reports submitted in accordance with
9this section. After the second separate appeal by the teacher
10to the state board of education, a warning will be issued to
11the superintendent as a notice and to the administrator in
12question. If a third separate appeal is submitted to the state
13board of education pursuant to this subsection, the state board
14shall submit its findings of fact to the board of educational
15examiners, which shall initiate a licensee disciplinary
16investigation and a licensee disciplinary hearing against the
17superintendent and the administrator in question.
185. Each school district shall report to the department
19of education, in a manner prescribed by the department, an
20annual count of all alleged instances of violence or assault
21by a student in a school building, on school grounds, or
22at a school-sponsored function, and any time a student
23is referred for the use of or transfer to a therapeutic
24classroom. The report shall include but not be limited to
25demographic information including but not limited to race,
26gender, national origin, age, grade level, and disability,
27along with any other data required for the department to
28implement the federal Elementary and Secondary Education Act,
29as amended by the federal Every Student Succeeds Act, Pub.L.
30No.114-95. The department shall compile and summarize the
31reports, categorized by alleged behavior, and shall submit the
32summary to the general assembly by November 1 annually. A
33teacher or administrator who submits a report in accordance
34with this subsection and who meets the requirements of section
35280.27 or section 613.21 shall be immune from civil or criminal
-9-1liability relating to such action, as well as for participating
2in any administrative or judicial proceeding resulting from or
3relating to the report pursuant to the provisions of sections
4280.27 and 613.21. The provisions of section 70A.29 shall
5apply to a teacher or administrator who submits a report
6in accordance with this section or who reports an incident
7of violence or assault to a local law enforcement agency.
8Personal information regarding a student in a report submitted
9pursuant to this section shall be kept confidential as required
10under the federal Family Educational Rights and Privacy Act, 20
11U.S.C. §1232g, and in the same manner as personal information
12in student records maintained, created, collected, or assembled
13by or for a school corporation or educational institution in
14accordance with section 22.7, subsection 1.
156. For purposes of this section, unless the context
16otherwise requires, “bodily injury” means physical pain,
17illness, or any other impairment of physical condition.
18 Sec. 9. Section 280.21, subsection 1, Code 2020, is amended
19to read as follows:
201. An employee of a public school district, accredited
21nonpublic school, or area education agency shall not inflict,
22or cause to be inflicted, corporal punishment upon a student.
23For purposes of this section, “corporal punishment” means the
24intentional physical punishment of a student. An employee’s
25physical contact with the body of a student shall not be
26considered corporal punishment if, in the opinion of a
27reasonable person at the time of the incident, it is reasonable
28and necessary under the circumstances and is not designed or
29intended to cause pain or if the employee uses reasonable
30force, as defined under section 704.1, for the protection of
31the employee, the student, or other students; to obtain the
32possession of a weapon or other dangerous object within a
33student’s control; or for the protection of property. The
34department state board of education shall adopt rules under
35chapter 17A to implement this section.
-10-1 Sec. 10. Section 280.21, subsection 2, unnumbered paragraph
21, Code 2020, is amended to read as follows:
3A school employee who, in the reasonable course of the
4employee’s employment responsibilities, comes into physical
5contact with a student shall be granted immunity from any civil
6or criminal liability, and immunity from any disciplinary
7action by the school employee’s employer or the board of
8educational examiners, which might otherwise be incurred or
9imposed as a result of such physical contact, if the physical
10contact is reasonable under the circumstances and involves any
11of the following:
12 Sec. 11. Section 280.21, subsection 2, Code 2020, is amended
13by adding the following new paragraphs:
14 NEW PARAGRAPH. j. Relocating a student who is causing a
15severe distraction or disturbance that is detracting from the
16educational experience of other students.
17 NEW PARAGRAPH. k. Relocating a student who is not
18responding to verbal or written instructions that are intended
19to change the immediate behavior of the student or relocating a
20student who is exhibiting passive resistance behaviors.
21 Sec. 12. Section 280.21, Code 2020, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 4. To prevail in a disciplinary action
24alleging a violation of this section or a disciplinary action
25alleging a violation of a related school policy, the party
26bringing the action shall prove the violation by clear and
27convincing evidence.
28 Sec. 13. DEPARTMENT OF EDUCATION. There is appropriated
29from the general fund of the state to the department of
30education for the fiscal year beginning July 1, 2020, and
31ending June 30, 2021, the following amount, or so much thereof
32as is necessary, to be used for the purposes designated:
33For developing, establishing, and distributing standards,
34guidelines, and expectations relating to behavior in the
35classroom, restraint of a student, and professional development
-11-1relating to educating individuals in the least restrictive
2environment in accordance with section 256.9, subsection 60,
3as enacted by this Act:
.................................................. $4500,000
5Notwithstanding section 8.33, moneys received by the
6department pursuant to this section that remain unencumbered or
7unobligated at the close of the fiscal year shall not revert
8but shall remain available for expenditure for the purposes
9specified in this section for the following fiscal year.
10 Sec. 14. DEPARTMENT OF EDUCATION — THERAPEUTIC CLASSROOM
11INCENTIVE FUND. There is appropriated from the general fund
12of the state to the department education for the fiscal year
13beginning July 1, 2020, and ending June 30, 2021, the following
14amount, or so much thereof as is necessary, to be used for the
15purposes designated:
16For deposit in the therapeutic classroom incentive fund
17established pursuant to section 256.25, as enacted by this Act:
.................................................. $181,582,650
19 Sec. 15. DEPARTMENT OF EDUCATION — THERAPEUTIC CLASSROOM
20TRANSPORTATION CLAIMS REIMBURSEMENT. There is appropriated
21from the general fund of the state to the department of
22education for the fiscal year beginning July 1, 2020, and
23ending June 30, 2021, the following amount, or so much thereof
24as is necessary, to be used for the purposes designated:
25For payment of school district claims for reimbursement
26submitted under section 256.25A, subsection 1, paragraph “a”,
27as enacted by this Act:
.................................................. $28500,000
29Notwithstanding section 8.33, moneys received by the
30department pursuant to this section that remain unencumbered or
31unobligated at the close of the fiscal year shall not revert
32but shall remain available for expenditure for the purposes
33specified in this section for the following fiscal year.
34 Sec. 16. EMERGENCY RULES. The state board of education and
35board of educational examiners may adopt emergency rules under
-12-1section 17A.4, subsection 3, and section 17A.5, subsection 2,
2paragraph “b”, to implement the provisions of this Act and
3the rules shall be effective immediately upon filing unless
4a later date is specified in the rules. Any rules adopted
5in accordance with this section shall also be published as a
6notice of intended action as provided in section 17A.4.
7 Sec. 17. EFFECTIVE DATE. The following takes effect July
81, 2021:
9The section of this Act amending section 256.16, subsection
101, paragraph “c”.
11 Sec. 18. EFFECTIVE DATE. The following, being deemed of
12immediate importance, take effect upon enactment:
131. The section of this Act enacting section 256.25.
142. The section of this Act relating to emergency rules.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to classroom management by providing for
19development and distribution of guidelines, requiring approved
20practitioner preparation programs to include preparation
21relating to the development of individualized education
22programs (IEP) and to positive behavioral interventions
23and other strategies, prohibiting implementation of what is
24commonly referred to as a classroom clear in a student’s
25IEP, establishing a therapeutic classroom incentive grant
26program and fund under the control of the department of
27education to provide competitive grants to school districts
28for the establishment of therapeutic classrooms, providing
29for the submission of reports of alleged violence or assaults
30by students to the department of education and the general
31assembly, making changes to provisions relating to corporal
32punishment, and appropriating moneys.
33DEVELOPMENT AND DISTRIBUTION OF GUIDELINES. The bill
34directs the director of the department of education to
35develop and establish, and distribute to school districts,
-13-1evidence-based standards, guidelines, and expectations for
2responses to behavior in the classroom that presents an
3imminent threat of bodily injury to a student or another
4person. The director must consult with the area education
5agencies to create comprehensive and consistent standards and
6guidance for professional development relating to successfully
7educating individuals in the least restrictive environment.
8The bill defines “bodily injury” as physical pain, illness,
9or any other impairment of physical condition. The bill
10appropriates $500,000 to the department from the general fund
11of the state for FY 2020-2021 for such purposes and allows the
12moneys to carryover for the following fiscal year.
13PRACTITIONER PREPARATION REQUIREMENTS. Approved
14practitioner preparation programs must include preparation in
15developing and implementing IEPs and behavioral intervention
16plans, preparation for educating individuals in the least
17restrictive environment, and other strategies to address
18difficult and violent student behavior and improve academic
19engagement and achievement. This provision takes effect July
201, 2021.
21THERAPEUTIC CLASSROOM INCENTIVE GRANT AND FUND. A school
22district, which may collaborate and partner with one or
23more school districts, area education agencies, accredited
24nonpublic schools, nonprofit agencies, and institutions that
25provide children’s mental health services, located in mental
26health and disability services regions providing children’s
27behavioral health services, may apply for a grant to establish
28a therapeutic classroom in the school district.
29The department is directed to develop a grant application
30and selection and evaluation criteria, and to give priority to
31grant applications submitted by school districts located in
32regions providing children’s behavioral health services, with
33highest priority to those proposing to serve the most students.
34If state, federal, or private moneys deposited in the
35therapeutic classroom incentive fund are sufficient, the
-14-1department of education may issue grants to school districts
2for the establishment of therapeutic classrooms. The bill
3appropriates $1,582,650 to the fund. Grant moneys shall be
4distributed after December 31 but before the start of the
5school calendar for start-up costs for a new therapeutic
6classroom in the fall semester.
7The total amount of funding awarded for the establishment
8of therapeutic classrooms for a fiscal year shall not exceed
9an amount equivalent to the state cost per pupil multiplied by
10weighting of 1.5 pupils calculated for 150 pupils.
11The therapeutic classroom incentive fund is established
12in the state treasury under the control of the department of
13education. The department may accept gifts, grants, bequests,
14and other private contributions, as well as state or federal
15moneys, for deposit in the fund.
16Placement of a child requiring special education in such a
17classroom is subject to the state board’s rules and to federal
18law. The bill defines “therapeutic classroom”. Provisions
19relating to the therapeutic classroom incentive grant and fund
20take effect upon enactment.
21THERAPEUTIC CLASSROOM REIMBURSEMENT CLAIMS. Subject to an
22appropriation by the general assembly, the bill authorizes
23school districts to submit claims for reimbursement to the
24department of education for the costs of providing therapeutic
25classrooms for school district and accredited nonpublic school
26students enrolled in the school district who have certain IEPs
27or for whom behavior intervention plans have been implemented;
28and for the costs of providing transportation services for
29students who are enrolled in the school district or in an
30accredited nonpublic school located within the boundaries of
31the school district, but who are assigned to a therapeutic
32classroom that is located more than 30 miles from the school
33designated for attendance or accredited nonpublic school and
34is operated by another school district or accredited nonpublic
35school under an agreement between the school districts or
-15-1between a school district and an accredited nonpublic school.
2Claims cannot be filed for transportation services for
3students who are not assigned weighting under Code section
4256B.9, nor can claims be filed for the costs or providing
5therapeutic classrooms for students with an IEP who are
6assigned a weighting under Code section 256B.9, subsection 1,
7paragraph “b”, “c”, or “d”. The bill describes the information
8claims must include.
9An accredited nonpublic school pupil shall be enrolled in a
10school district as a shared-time pupil for the school district
11to be eligible to submit such claims.
12The bill appropriates $500,000 from the general fund of the
13state to the department of education for the transportation
14reimbursement claims, allows the moneys to carryover to the
15following fiscal year, and established conditions for which the
16department must prorate the amount of claims reimbursement.
17The bill makes conforming changes relating to state assistance
18to school districts for transportation costs.
19CLASSROOM CLEAR REQUIREMENTS — APPEALS AND NOTIFICATIONS.
20 Though an IEP developed for a child requiring special education
21and a behavioral intervention plan implemented for a child
22shall not include provision for clearing all other students
23out of the regular classroom in order to calm the child, a
24classroom teacher may clear students from a classroom if a
25student’s behavior presents an immediate danger to the health
26or safety of persons in the classroom. If a teacher clears
27a classroom in such a situation, the school principal must,
28by the end of the school day optimally or at least within
2924 hours of the incident, notify the parents or guardians of
30all students assigned to the classroom of the action taken
31to clear the classroom. The notification shall not identify
32the student. The principal of the school shall request that
33the parent or guardian of the student whose behavior caused
34the classroom clearance meet with the principal, the classroom
35teacher, and other staff as appropriate.
-16- 1If the student has an IEP, the classroom teacher shall call
2for and be included in a review and potential revision of the
3student’s IEP or by the student’s IEP team. When the student’s
4parent or guardian meets with the team, the area education
5agency, in collaboration with the school district may inform
6the parent or guardian of locally available individual or
7family counseling services.
8A classroom teacher must report any alleged incident of
9violence or assault by a student to the principal. After two
10or more such incidents, the teacher may report the alleged
11incidents to the school board. If the teacher believes the
12threats of violence or assault have not been remedied by
13the school board, the teacher may appeal the school board’s
14decision, or lack thereof, to the state board of education.
15The state board shall determine, based on the facts, whether
16the requested relief is warranted while appropriately weighing
17the educational rights of any students involved. Immunity and
18whistleblower protections apply to the appeal and any reports
19submitted. After the second separate appeal by the teacher to
20the state board, a warning will be issued to the superintendent
21as a notice and to the administrator in question. If a third
22separate appeal is submitted, the state board shall submit
23its findings of fact to the board of educational examiners,
24which must initiate a licensee disciplinary investigation and a
25licensee disciplinary hearing against the superintendent and
26the administrator in question.
27REPORTS OF ALLEGED INSTANCES OF VIOLENCE OR ASSAULT. Each
28school district shall report to the department of education,
29in a manner prescribed by the department, an annual count of
30all alleged instances of violence or assault by a student in a
31school building, on school grounds, or at a school-sponsored
32function, and any time a student is referred for the use of
33or transfer to a therapeutic classroom. The bill describes
34the information the report must include, and requires that
35the department summarize the reports and submit the summary
-17-1to the general assembly by November 1 annually. A teacher
2or administrator who submits such a report and meets certain
3statutory requirements is immune from civil or criminal
4liability and reprisals against such teacher or administrator
5are prohibited. Personal information regarding a student in
6such a report is confidential.
7CORPORAL PUNISHMENT. The bill also adds to exemptions under
8the statutory provisions relating to corporal punishment of a
9student, provides circumstances under which a school employee
10shall be granted immunity from civil and criminal liability,
11and immunity from disciplinary action by the employer or the
12board of educational examiners, which results from reasonable
13and necessary physical contact with a student, and establishes
14an evidentiary standard for a disciplinary action.
15Under the bill, if an employee’s physical contact with the
16body of a student meets current statutory requirements and
17is reasonable and necessary under the circumstances in the
18opinion of a reasonable person at the time of the incident, the
19physical contact shall not be considered corporal punishment.
20To the current circumstances under which a school employee
21shall be granted immunity, the bill adds relocating a student
22who is causing a severe distraction or disturbance that is
23detracting from the educational experience of other students,
24and relocating a student who is not responding to verbal or
25written instructions that are intended to change the immediate
26behavior of the student or relocating a student who is
27exhibiting passive resistance behaviors.
28To prevail in a disciplinary action alleging violation of
29the corporal punishment provisions or a related school policy,
30the bill provides that the party bringing the action must prove
31the violation by clear and convincing evidence.
32EMERGENCY RULEMAKING AUTHORITY. The bill authorizes the
33state board of education to adopt emergency rules to implement
34the bill. This provision takes effect upon enactment.
-18-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 claims reimbursement
6to schools for the transportation of certain students to
7therapeutic classrooms, making appropriations, and including
8effective date 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 evidence-based standards, guidelines, and
5expectations for the appropriate and inappropriate responses
6to behavior in the classroom that presents an imminent threat
7of bodily injury to a student or another person and for the
8reasonable, necessary, and appropriate physical restraint
9of a student, consistent with rules adopted by the state
10board pursuant to section 280.21. The director shall consult
11with the area education agencies to create comprehensive and
12consistent standards and guidance for professional development
13relating to successfully educating individuals in the least
14restrictive environment.
15 Sec. 2. Section 256.16, subsection 1, paragraph c, Code
162020, is amended to read as follows:
17c. Include in the professional education program,
18preparation that contributes to the education of students
19with disabilities and students who are gifted and talented,
20preparation in developing and implementing individualized
21education programs and behavioral intervention plans,
22preparation for educating individuals in the least restrictive
23environment and identifying that environment, and other
24strategies that address difficult and violent student
25behavior and improve academic engagement and achievement,
26 and preparation in classroom management addressing high-risk
27behaviors including, but not limited to, behaviors related to
28substance abuse. Preparation required under this paragraph
29must be successfully completed before graduation from the
30practitioner preparation program.
31 Sec. 3. NEW SECTION. 256.25 Therapeutic classroom incentive
32grant program — fund.
331. The department shall create a therapeutic classroom
34incentive grant program to provide competitive grants to school
35districts for the establishment of therapeutic classrooms.
-1- 12. A school district, which may collaborate and partner
2with one or more school districts, area education agencies,
3accredited nonpublic schools, nonprofit agencies, and
4institutions that provide children’s mental health services,
5located in mental health and disability services regions
6providing children’s behavioral health services in accordance
7with chapter 331, subchapter III, part 6, may apply for a grant
8under this program to establish a therapeutic classroom in the
9school district in accordance with this section.
103. The department shall develop a grant application
11and selection and evaluation criteria. Selection criteria
12shall include a method for prioritizing grant applications
13submitted by school districts located in mental health and
14disability services regions providing children’s behavioral
15health services in accordance with chapter 331, subchapter III,
16part 6, with those proposing to serve the most students given
17highest priority.
184. a. The department may disburse moneys contained in
19the therapeutic classroom incentive fund as grants to school
20districts for the establishment of therapeutic classrooms.
21b. The total amount of funding awarded for the establishment
22of therapeutic classrooms for a fiscal year shall not exceed
23an amount equivalent to the state cost per pupil multiplied by
24weighting of one and one-half pupil calculated for one hundred
25fifty pupils.
26c. Grant awards shall be made for the establishment of
27therapeutic classrooms with one to five pupils, classrooms
28with six to ten pupils, and classrooms with eleven to fifteen
29pupils.
30d. For purposes of calculating a therapeutic classroom grant
31award, the department shall determine grant awards based on the
32following:
33(1) For classrooms with one to five pupils, using the state
34cost per pupil multiplied by weighting of one and one-half
35pupil multiplied by five.
-2- 1(2) For classrooms with six to ten pupils, using the state
2cost per pupil multiplied by weighting of one and one-half
3pupil multiplied by ten.
4(3) For classrooms with eleven to fifteen pupils, using
5the state cost per pupil multiplied by weighting of one and
6one-half pupil multiplied by fifteen.
7e. Grant moneys shall be distributed after December 31 but
8before the start of the school calendar for start-up costs for
9a new therapeutic classroom in the fall semester.
105. A therapeutic classroom incentive fund is established
11in the state treasury under the control of the department.
12Moneys credited to the fund are appropriated to the department
13for purposes of distributing grants under this section.The
14department may accept gifts, grants, bequests, and other
15private contributions, as well as state or federal moneys,
16for deposit in the fund. Moneys available in the therapeutic
17classroom incentive fund for a fiscal year shall be distributed
18as grants pursuant to this section. Notwithstanding section
198.33, moneys in the fund at the close of the fiscal year shall
20not revert but shall remain available for expenditure for the
21purposes designated for subsequent fiscal years.
226. Placement of a child requiring special education under
23chapter 256B in a therapeutic classroom, whether or not the
24school district operating such classroom receives funds under
25this section, is subject to the provisions of chapter 256B,
26to the administrative rules adopted by the state board for
27purposes of chapter 256B, and to the federal Individuals with
28Disabilities Education Act, 20 U.S.C. §1400 et seq., and shall
29not violate such laws, rules, or regulations.
307. For purposes of this section, “therapeutic classroom”
31means a classroom designed for the purpose of providing support
32for any student whose emotional, social, or behavioral needs
33interfere with the student’s ability to be successful in the
34current educational environment, with or without supports,
35until the student is able to successfully return to the
-3-1student’s current education environment, with or without
2supports, including but not limited to the general education
3classroom.
4 Sec. 4. NEW SECTION. 256.25A Therapeutic classroom —
5claims.
61. If the general assembly appropriates funds to the
7department for the payment of claims for costs submitted by the
8school district for purposes of this section, a school district
9may submit a claim for reimbursement for services provided
10under paragraphs “a” and “b”.
11a. A school district that provides transportation services
12for students who are enrolled in the school district or in an
13accredited nonpublic school located within the boundaries of
14the school district, who have not been assigned a weighting
15under section 256B.9, but who are assigned to a therapeutic
16classroom that is located more than thirty miles from the
17school designated for attendance or accredited nonpublic school
18and is operated by another school district or accredited
19nonpublic school under an agreement between the school
20districts or between a school district and an accredited
21nonpublic school, may submit claims for reimbursement for the
22costs of providing such transportation.
23b. A school district that provides a therapeutic classroom
24to students enrolled in school districts or accredited
25nonpublic schools that have certain individualized education
26programs or behavioral intervention plans, may submit claims
27for reimbursement for students assigned to such a classroom who
28are not assigned a weighting under section 256B.9, subsection
291, paragraph “b”, “c”, or “d”, and for pupils for whom
30behavioral intervention plans have been implemented.
312. Nonpublic school students assigned to a therapeutic
32classroom under subsection 1, paragraph “b”, shall be enrolled
33in a school district as shared-time pupils under section
34257.6, subsection 1, paragraph “a”, subparagraph (7), in order
35for the school district to submit a claim for reimbursement
-4-1for services provided to such students under subsection 1,
2paragraph “b”.
33. a. The department shall prorate the amount of claims
4reimbursement under subsection 1, paragraph “a”, if the
5amount of reimbursement claimed for all school districts under
6subsection 1, paragraph “a”, exceeds five hundred thousand
7dollars.
8b. The department shall prorate the amount of claims
9reimbursement for all school districts under subsection 1,
10paragraph “b”, if the amount of reimbursement claimed for all
11school districts under subsection 1, paragraph “b”, exceeds the
12amount appropriated by the general assembly for such purpose.
134. The costs of providing transportation to nonpublic
14school pupils as provided in this section shall not be included
15in the computation of district cost under chapter 257, but
16shall be shown in the budget as an expense from miscellaneous
17income. Any transportation reimbursements received by a
18school district for transporting nonpublic school pupils shall
19not affect district cost limitations of chapter 257. The
20reimbursements provided in this section are miscellaneous
21income as defined in section 257.2.
225. a. Claims for reimbursement shall be made to the
23department by the school district providing transportation
24during a school year pursuant to subsection 1, paragraph “a”. A
25claim shall not exceed the average transportation costs of the
26district per pupil transported except as otherwise provided.
27b. Claims submitted under this section shall be on a form
28prescribed by the department, and the claim shall state the
29services provided, the number of eligible students served, and
30the actual costs incurred.
31c. By June 15 of each year, school districts with eligible
32claims shall submit such claims to the department. By July of
33each year, the department shall draw warrants payable to school
34districts which have established claims.
356. The state board shall adopt rules pursuant to chapter 17A
-5-1to administer this section.
27. For purposes of this section, “therapeutic classroom”
3means the same as defined in section 256.25, subsection 7.
4 Sec. 5. Section 256B.2, subsection 2, Code 2020, is amended
5to read as follows:
62. a. It is the policy of this state to require school
7districts and state-operated educational programs to provide
8or make provision, as an integral part of public education,
9for a free and appropriate public education sufficient to
10meet the needs of all children requiring special education.
11This chapter is not to be construed as encouraging separate
12facilities or segregated programs designed to meet the needs
13of children requiring special education when the children can
14benefit from all or part of the education program as offered
15by the local school district. To the maximum extent possible,
16children Children requiring special education shall, consistent
17with the least restrictive environment requirements under the
18federal Individuals with Disabilities Education Act, 20 U.S.C.
19§1400 et seq., attend regular classes and shall be educated
20with children who do not require special education.
21b. (1) Whenever possible appropriate, hindrances to
22learning and to the normal functioning of children requiring
23special education within the regular school environment shall
24be overcome by the provision of special aids and services
25rather than by separate programs for those in need of special
26education.
27(2) Special classes, separate schooling, or other removal
28of children requiring special education from the regular
29educational environment, shall occur only when, and to
30the extent that the nature or severity of the educational
31disability is such, that education in regular classes, even
32with the use of supplementary aids and services, cannot be
33accomplished satisfactorily.
34(3) Individualized education programs for children
35requiring special education within the regular school
-6-1environment and behavioral intervention plans shall not
2include provisions for clearing all other students out of the
3regular classroom in order to calm the child requiring special
4education or the child for whom a behavioral intervention plan
5has been implemented except as provided in section 279.51A.
6c. For those children who cannot adapt to the regular
7educational or home living conditions, and who are attending
8facilities under chapters 263, 269, and 270, upon the request
9of the board of directors of an area education agency, the
10department of human services shall provide residential or
11detention facilities and the area education agency shall
12provide special education programs and services. The area
13education agencies shall cooperate with the board of regents to
14provide the services required by this chapter.
15 Sec. 6. Section 257.6, subsection 1, paragraph a,
16subparagraph (7), Code 2020, is amended to read as follows:
17(7) A student attending an accredited nonpublic school or
18receiving competent private instruction under chapter 299A,
19who is assigned to a therapeutic classroom in accordance with
20section 256.25A or is participating in a program under chapter
21261E, shall be counted as a shared-time student in the school
22district in which the nonpublic school of attendance is located
23for state foundation aid purposes.
24 Sec. 7. Section 257.16C, subsection 2, paragraph d, Code
252020, is amended to read as follows:
26d. A school district’s transportation cost per pupil
27shall be determined by dividing the school district’s actual
28transportation cost for all children transported in all school
29buses for a school year pursuant to section 285.1, subsection
3012, less the amount amounts received for transporting nonpublic
31school pupils under section sections 256.25 and 285.1, by the
32district’s actual enrollment for the school year, excluding
33the shared-time enrollment for the school year as defined in
34section 257.6.
35 Sec. 8. NEW SECTION. 279.51A Classroom environment —
-7-1behavioral challenges — reports of violence or assault.
21. A classroom teacher may clear students from the classroom
3only if necessary to prevent or terminate an imminent threat of
4bodily injury to a student or another person in the classroom.
52. If a classroom teacher clears all other students from the
6classroom in accordance with subsection 1, the school principal
7shall, by the end of the school day if possible but at least
8within twenty-four hours after the incident giving rise to
9the classroom clearance, notify the parents or guardians of
10all students assigned to the classroom that was cleared. The
11notification shall not identify, directly or indirectly, any
12students involved in the incident giving rise to the classroom
13clearance. The principal of the school shall request that the
14parent or guardian of the student whose behavior caused the
15classroom clearance meet with the principal, the classroom
16teacher, and other staff as appropriate.
173. If the student whose behavior caused the classroom
18clearance has an individualized education program or a
19behavioral intervention plan, the classroom teacher shall call
20for and be included in a review and potential revision of
21the student’s individualized education program or behavioral
22intervention plan by the student’s individualized education
23program team. The area education agency, in collaboration
24with the school district, may, when the parent or guardian
25meets with the individualized education program team during
26the reevaluation of the student’s individualized education
27program, inform the parent or guardian of individual or family
28counseling services available in the area.
294. A classroom teacher employed by a school district
30shall report any alleged incident of violence or assault by
31a student enrolled in the school to the principal of the
32school. After two or more such incidents, the teacher may
33report the alleged incidents to the board of directors of
34the school district. If the teacher believes the threats of
35violence or assault have not been remedied by the board of
-8-1directors of the school district, the teacher may appeal the
2school board’s decision, or lack thereof, to the state board
3of education as provided in section 256.7, subsection 6. The
4state board of education shall determine, based on the facts,
5whether the requested relief is warranted while appropriately
6weighing the educational rights of any students involved. The
7provisions of sections 70A.29, 280.27, and 613.21 shall apply
8to the appeal and any reports submitted in accordance with
9this section. After the second separate appeal by the teacher
10to the state board of education, a warning will be issued to
11the superintendent as a notice and to the administrator in
12question. If a third separate appeal is submitted to the state
13board of education pursuant to this subsection, the state board
14shall submit its findings of fact to the board of educational
15examiners, which shall initiate a licensee disciplinary
16investigation and a licensee disciplinary hearing against the
17superintendent and the administrator in question.
185. Each school district shall report to the department
19of education, in a manner prescribed by the department, an
20annual count of all alleged instances of violence or assault
21by a student in a school building, on school grounds, or
22at a school-sponsored function, and any time a student
23is referred for the use of or transfer to a therapeutic
24classroom. The report shall include but not be limited to
25demographic information including but not limited to race,
26gender, national origin, age, grade level, and disability,
27along with any other data required for the department to
28implement the federal Elementary and Secondary Education Act,
29as amended by the federal Every Student Succeeds Act, Pub.L.
30No.114-95. The department shall compile and summarize the
31reports, categorized by alleged behavior, and shall submit the
32summary to the general assembly by November 1 annually. A
33teacher or administrator who submits a report in accordance
34with this subsection and who meets the requirements of section
35280.27 or section 613.21 shall be immune from civil or criminal
-9-1liability relating to such action, as well as for participating
2in any administrative or judicial proceeding resulting from or
3relating to the report pursuant to the provisions of sections
4280.27 and 613.21. The provisions of section 70A.29 shall
5apply to a teacher or administrator who submits a report
6in accordance with this section or who reports an incident
7of violence or assault to a local law enforcement agency.
8Personal information regarding a student in a report submitted
9pursuant to this section shall be kept confidential as required
10under the federal Family Educational Rights and Privacy Act, 20
11U.S.C. §1232g, and in the same manner as personal information
12in student records maintained, created, collected, or assembled
13by or for a school corporation or educational institution in
14accordance with section 22.7, subsection 1.
156. For purposes of this section, unless the context
16otherwise requires, “bodily injury” means physical pain,
17illness, or any other impairment of physical condition.
18 Sec. 9. Section 280.21, subsection 1, Code 2020, is amended
19to read as follows:
201. An employee of a public school district, accredited
21nonpublic school, or area education agency shall not inflict,
22or cause to be inflicted, corporal punishment upon a student.
23For purposes of this section, “corporal punishment” means the
24intentional physical punishment of a student. An employee’s
25physical contact with the body of a student shall not be
26considered corporal punishment if, in the opinion of a
27reasonable person at the time of the incident, it is reasonable
28and necessary under the circumstances and is not designed or
29intended to cause pain or if the employee uses reasonable
30force, as defined under section 704.1, for the protection of
31the employee, the student, or other students; to obtain the
32possession of a weapon or other dangerous object within a
33student’s control; or for the protection of property. The
34department state board of education shall adopt rules under
35chapter 17A to implement this section.
-10-1 Sec. 10. Section 280.21, subsection 2, unnumbered paragraph
21, Code 2020, is amended to read as follows:
3A school employee who, in the reasonable course of the
4employee’s employment responsibilities, comes into physical
5contact with a student shall be granted immunity from any civil
6or criminal liability, and immunity from any disciplinary
7action by the school employee’s employer or the board of
8educational examiners, which might otherwise be incurred or
9imposed as a result of such physical contact, if the physical
10contact is reasonable under the circumstances and involves any
11of the following:
12 Sec. 11. Section 280.21, subsection 2, Code 2020, is amended
13by adding the following new paragraphs:
14 NEW PARAGRAPH. j. Relocating a student who is causing a
15severe distraction or disturbance that is detracting from the
16educational experience of other students.
17 NEW PARAGRAPH. k. Relocating a student who is not
18responding to verbal or written instructions that are intended
19to change the immediate behavior of the student or relocating a
20student who is exhibiting passive resistance behaviors.
21 Sec. 12. Section 280.21, Code 2020, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 4. To prevail in a disciplinary action
24alleging a violation of this section or a disciplinary action
25alleging a violation of a related school policy, the party
26bringing the action shall prove the violation by clear and
27convincing evidence.
28 Sec. 13. DEPARTMENT OF EDUCATION. There is appropriated
29from the general fund of the state to the department of
30education for the fiscal year beginning July 1, 2020, and
31ending June 30, 2021, the following amount, or so much thereof
32as is necessary, to be used for the purposes designated:
33For developing, establishing, and distributing standards,
34guidelines, and expectations relating to behavior in the
35classroom, restraint of a student, and professional development
-11-1relating to educating individuals in the least restrictive
2environment in accordance with section 256.9, subsection 60,
3as enacted by this Act:
.................................................. $4500,000
5Notwithstanding section 8.33, moneys received by the
6department pursuant to this section that remain unencumbered or
7unobligated at the close of the fiscal year shall not revert
8but shall remain available for expenditure for the purposes
9specified in this section for the following fiscal year.
10 Sec. 14. DEPARTMENT OF EDUCATION — THERAPEUTIC CLASSROOM
11INCENTIVE FUND. There is appropriated from the general fund
12of the state to the department education for the fiscal year
13beginning July 1, 2020, and ending June 30, 2021, the following
14amount, or so much thereof as is necessary, to be used for the
15purposes designated:
16For deposit in the therapeutic classroom incentive fund
17established pursuant to section 256.25, as enacted by this Act:
.................................................. $181,582,650
19 Sec. 15. DEPARTMENT OF EDUCATION — THERAPEUTIC CLASSROOM
20TRANSPORTATION CLAIMS REIMBURSEMENT. There is appropriated
21from the general fund of the state to the department of
22education for the fiscal year beginning July 1, 2020, and
23ending June 30, 2021, the following amount, or so much thereof
24as is necessary, to be used for the purposes designated:
25For payment of school district claims for reimbursement
26submitted under section 256.25A, subsection 1, paragraph “a”,
27as enacted by this Act:
.................................................. $28500,000
29Notwithstanding section 8.33, moneys received by the
30department pursuant to this section that remain unencumbered or
31unobligated at the close of the fiscal year shall not revert
32but shall remain available for expenditure for the purposes
33specified in this section for the following fiscal year.
34 Sec. 16. EMERGENCY RULES. The state board of education and
35board of educational examiners may adopt emergency rules under
-12-1section 17A.4, subsection 3, and section 17A.5, subsection 2,
2paragraph “b”, to implement the provisions of this Act and
3the rules shall be effective immediately upon filing unless
4a later date is specified in the rules. Any rules adopted
5in accordance with this section shall also be published as a
6notice of intended action as provided in section 17A.4.
7 Sec. 17. EFFECTIVE DATE. The following takes effect July
81, 2021:
9The section of this Act amending section 256.16, subsection
101, paragraph “c”.
11 Sec. 18. EFFECTIVE DATE. The following, being deemed of
12immediate importance, take effect upon enactment:
131. The section of this Act enacting section 256.25.
142. The section of this Act relating to emergency rules.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to classroom management by providing for
19development and distribution of guidelines, requiring approved
20practitioner preparation programs to include preparation
21relating to the development of individualized education
22programs (IEP) and to positive behavioral interventions
23and other strategies, prohibiting implementation of what is
24commonly referred to as a classroom clear in a student’s
25IEP, establishing a therapeutic classroom incentive grant
26program and fund under the control of the department of
27education to provide competitive grants to school districts
28for the establishment of therapeutic classrooms, providing
29for the submission of reports of alleged violence or assaults
30by students to the department of education and the general
31assembly, making changes to provisions relating to corporal
32punishment, and appropriating moneys.
33DEVELOPMENT AND DISTRIBUTION OF GUIDELINES. The bill
34directs the director of the department of education to
35develop and establish, and distribute to school districts,
-13-1evidence-based standards, guidelines, and expectations for
2responses to behavior in the classroom that presents an
3imminent threat of bodily injury to a student or another
4person. The director must consult with the area education
5agencies to create comprehensive and consistent standards and
6guidance for professional development relating to successfully
7educating individuals in the least restrictive environment.
8The bill defines “bodily injury” as physical pain, illness,
9or any other impairment of physical condition. The bill
10appropriates $500,000 to the department from the general fund
11of the state for FY 2020-2021 for such purposes and allows the
12moneys to carryover for the following fiscal year.
13PRACTITIONER PREPARATION REQUIREMENTS. Approved
14practitioner preparation programs must include preparation in
15developing and implementing IEPs and behavioral intervention
16plans, preparation for educating individuals in the least
17restrictive environment, and other strategies to address
18difficult and violent student behavior and improve academic
19engagement and achievement. This provision takes effect July
201, 2021.
21THERAPEUTIC CLASSROOM INCENTIVE GRANT AND FUND. A school
22district, which may collaborate and partner with one or
23more school districts, area education agencies, accredited
24nonpublic schools, nonprofit agencies, and institutions that
25provide children’s mental health services, located in mental
26health and disability services regions providing children’s
27behavioral health services, may apply for a grant to establish
28a therapeutic classroom in the school district.
29The department is directed to develop a grant application
30and selection and evaluation criteria, and to give priority to
31grant applications submitted by school districts located in
32regions providing children’s behavioral health services, with
33highest priority to those proposing to serve the most students.
34If state, federal, or private moneys deposited in the
35therapeutic classroom incentive fund are sufficient, the
-14-1department of education may issue grants to school districts
2for the establishment of therapeutic classrooms. The bill
3appropriates $1,582,650 to the fund. Grant moneys shall be
4distributed after December 31 but before the start of the
5school calendar for start-up costs for a new therapeutic
6classroom in the fall semester.
7The total amount of funding awarded for the establishment
8of therapeutic classrooms for a fiscal year shall not exceed
9an amount equivalent to the state cost per pupil multiplied by
10weighting of 1.5 pupils calculated for 150 pupils.
11The therapeutic classroom incentive fund is established
12in the state treasury under the control of the department of
13education. The department may accept gifts, grants, bequests,
14and other private contributions, as well as state or federal
15moneys, for deposit in the fund.
16Placement of a child requiring special education in such a
17classroom is subject to the state board’s rules and to federal
18law. The bill defines “therapeutic classroom”. Provisions
19relating to the therapeutic classroom incentive grant and fund
20take effect upon enactment.
21THERAPEUTIC CLASSROOM REIMBURSEMENT CLAIMS. Subject to an
22appropriation by the general assembly, the bill authorizes
23school districts to submit claims for reimbursement to the
24department of education for the costs of providing therapeutic
25classrooms for school district and accredited nonpublic school
26students enrolled in the school district who have certain IEPs
27or for whom behavior intervention plans have been implemented;
28and for the costs of providing transportation services for
29students who are enrolled in the school district or in an
30accredited nonpublic school located within the boundaries of
31the school district, but who are assigned to a therapeutic
32classroom that is located more than 30 miles from the school
33designated for attendance or accredited nonpublic school and
34is operated by another school district or accredited nonpublic
35school under an agreement between the school districts or
-15-1between a school district and an accredited nonpublic school.
2Claims cannot be filed for transportation services for
3students who are not assigned weighting under Code section
4256B.9, nor can claims be filed for the costs or providing
5therapeutic classrooms for students with an IEP who are
6assigned a weighting under Code section 256B.9, subsection 1,
7paragraph “b”, “c”, or “d”. The bill describes the information
8claims must include.
9An accredited nonpublic school pupil shall be enrolled in a
10school district as a shared-time pupil for the school district
11to be eligible to submit such claims.
12The bill appropriates $500,000 from the general fund of the
13state to the department of education for the transportation
14reimbursement claims, allows the moneys to carryover to the
15following fiscal year, and established conditions for which the
16department must prorate the amount of claims reimbursement.
17The bill makes conforming changes relating to state assistance
18to school districts for transportation costs.
19CLASSROOM CLEAR REQUIREMENTS — APPEALS AND NOTIFICATIONS.
20 Though an IEP developed for a child requiring special education
21and a behavioral intervention plan implemented for a child
22shall not include provision for clearing all other students
23out of the regular classroom in order to calm the child, a
24classroom teacher may clear students from a classroom if a
25student’s behavior presents an immediate danger to the health
26or safety of persons in the classroom. If a teacher clears
27a classroom in such a situation, the school principal must,
28by the end of the school day optimally or at least within
2924 hours of the incident, notify the parents or guardians of
30all students assigned to the classroom of the action taken
31to clear the classroom. The notification shall not identify
32the student. The principal of the school shall request that
33the parent or guardian of the student whose behavior caused
34the classroom clearance meet with the principal, the classroom
35teacher, and other staff as appropriate.
-16- 1If the student has an IEP, the classroom teacher shall call
2for and be included in a review and potential revision of the
3student’s IEP or by the student’s IEP team. When the student’s
4parent or guardian meets with the team, the area education
5agency, in collaboration with the school district may inform
6the parent or guardian of locally available individual or
7family counseling services.
8A classroom teacher must report any alleged incident of
9violence or assault by a student to the principal. After two
10or more such incidents, the teacher may report the alleged
11incidents to the school board. If the teacher believes the
12threats of violence or assault have not been remedied by
13the school board, the teacher may appeal the school board’s
14decision, or lack thereof, to the state board of education.
15The state board shall determine, based on the facts, whether
16the requested relief is warranted while appropriately weighing
17the educational rights of any students involved. Immunity and
18whistleblower protections apply to the appeal and any reports
19submitted. After the second separate appeal by the teacher to
20the state board, a warning will be issued to the superintendent
21as a notice and to the administrator in question. If a third
22separate appeal is submitted, the state board shall submit
23its findings of fact to the board of educational examiners,
24which must initiate a licensee disciplinary investigation and a
25licensee disciplinary hearing against the superintendent and
26the administrator in question.
27REPORTS OF ALLEGED INSTANCES OF VIOLENCE OR ASSAULT. Each
28school district shall report to the department of education,
29in a manner prescribed by the department, an annual count of
30all alleged instances of violence or assault by a student in a
31school building, on school grounds, or at a school-sponsored
32function, and any time a student is referred for the use of
33or transfer to a therapeutic classroom. The bill describes
34the information the report must include, and requires that
35the department summarize the reports and submit the summary
-17-1to the general assembly by November 1 annually. A teacher
2or administrator who submits such a report and meets certain
3statutory requirements is immune from civil or criminal
4liability and reprisals against such teacher or administrator
5are prohibited. Personal information regarding a student in
6such a report is confidential.
7CORPORAL PUNISHMENT. The bill also adds to exemptions under
8the statutory provisions relating to corporal punishment of a
9student, provides circumstances under which a school employee
10shall be granted immunity from civil and criminal liability,
11and immunity from disciplinary action by the employer or the
12board of educational examiners, which results from reasonable
13and necessary physical contact with a student, and establishes
14an evidentiary standard for a disciplinary action.
15Under the bill, if an employee’s physical contact with the
16body of a student meets current statutory requirements and
17is reasonable and necessary under the circumstances in the
18opinion of a reasonable person at the time of the incident, the
19physical contact shall not be considered corporal punishment.
20To the current circumstances under which a school employee
21shall be granted immunity, the bill adds relocating a student
22who is causing a severe distraction or disturbance that is
23detracting from the educational experience of other students,
24and relocating a student who is not responding to verbal or
25written instructions that are intended to change the immediate
26behavior of the student or relocating a student who is
27exhibiting passive resistance behaviors.
28To prevail in a disciplinary action alleging violation of
29the corporal punishment provisions or a related school policy,
30the bill provides that the party bringing the action must prove
31the violation by clear and convincing evidence.
32EMERGENCY RULEMAKING AUTHORITY. The bill authorizes the
33state board of education to adopt emergency rules to implement
34the bill. This provision takes effect upon enactment.
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