Print
Senate File 149 - IntroducedA Bill ForAn Act 1relating to civil actions associated with permissible
2physical contact between certain specified school employees
3or volunteers and students, including civil and criminal
4immunity, monetary damages, and attorney fees.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 280.21, subsection 1, Code 2023, is
2amended to read as follows:
31. An employee or volunteer of a public school district,
4accredited nonpublic school, charter school, or area education
5agency shall not inflict, or cause to be inflicted, corporal
6punishment upon a student. For purposes of this section,
7“corporal punishment” means the intentional physical punishment
8of a student. An employee’s or volunteer’s physical contact
9with the body of a student shall not be considered corporal
10punishment if it the contact is reasonable and necessary under
11the circumstances and is not designed or intended to cause
12pain or if the employee or volunteer uses reasonable force, as
13defined under section 704.1, for the protection of the employee
14or volunteer, the student, or other students; to obtain the
15possession of a weapon or other dangerous object within a
16student’s control; or for the protection of property. The
17department of education shall adopt rules to implement this
18section.
19 Sec. 2. Section 280.21, subsection 2, unnumbered paragraph
201, Code 2023, is amended to read as follows:
21A school employee who, in the reasonable course of the
22employee’s employment responsibilities, or a school volunteer
23who, in the reasonable course of the school volunteer’s
24volunteer responsibilities, comes into physical contact with a
25student shall be granted immunity from any civil or criminal
26liability which might otherwise be incurred or imposed as a
27result of such physical contact, if the physical contact is
28reasonable under the circumstances and involves any of the
29following:
30 Sec. 3. Section 280.21, subsection 2, paragraphs b and d,
31Code 2023, are amended to read as follows:
32b. Protecting the employee, the volunteer, student, or other
33students.
34d. Protecting employee, volunteer, student, or school
35property.
-1-1 Sec. 4. Section 280.21, Code 2023, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 2A. If a school employee or school
4volunteer is granted immunity from any civil or criminal
5liability as provided in subsection 2, the school district,
6board of directors of the school district, accredited nonpublic
7school, authorities in charge of the accredited nonpublic
8school, charter school, governing board in charge of the
9charter school, area education agency, or board of directors
10of the area education agency shall also be granted immunity
11from any civil or criminal liability to the same extent as the
12school employee or school volunteer.
13 Sec. 5. Section 280.21, subsection 3, Code 2023, is amended
14to read as follows:
153. To prevail in a civil action alleging a violation
16of this section, the party bringing the action shall prove
17the violation by clear and convincing evidence. Any school
18employee, school volunteer, school district, board of directors
19of a school district, accredited nonpublic school, authorities
20in charge of an accredited nonpublic school, charter school,
21governing board in charge of the charter school, area education
22agency, or board of directors of an area education agency
23 determined in a civil action to have been wrongfully accused
24under this section shall be awarded reasonable monetary
25damages, including attorney fees, in light of the circumstances
26involved, against the party bringing the action.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill relates to civil actions associated with
31permissible physical contact between certain specified school
32employees or volunteers and students, including civil and
33criminal immunity, monetary damages, and attorney fees.
34Current law governing corporal punishment in schools
35prohibits an employee of a public school district, accredited
-2-1nonpublic school, or area education agency from inflicting
2corporal punishment upon a student. “Corporal punishment” is
3defined as the intentional physical punishment of a student.
4Current law specifies circumstances in which an employee’s
5physical contact with the body of a student shall not be
6considered corporal punishment. Current law also provides
7that a school employee who, in the reasonable course of the
8employee’s employment responsibilities, comes into physical
9contact with a student shall be granted immunity from any
10civil or criminal liability which might otherwise be incurred
11or imposed as a result of such physical contact, if the
12physical contact is reasonable under the circumstances and
13involves various specified acts. This bill applies the same
14prohibitions, responsibilities, and immunity to a school
15volunteer and to a charter school employee.
16The bill provides that if a school employee or school
17volunteer is granted immunity from any civil or criminal
18liability in this way, the school district, board of
19directors of the school district, accredited nonpublic school,
20authorities in charge of the accredited nonpublic school,
21charter school, governing board in charge of the charter
22school, area education agency, or board of directors of an area
23education agency shall also be granted immunity from any civil
24or criminal liability to the same extent as the school employee
25or school volunteer.
26Current law provides that any school employee determined in
27a civil action to have been wrongfully accused of violating
28state law on corporal punishment in schools shall be awarded
29reasonable monetary damages, in light of the circumstances
30involved, against the party bringing the action. The bill
31applies this provision to a school volunteer, the school
32district, board of directors of the school district, accredited
33nonpublic school, authorities in charge of the accredited
34nonpublic school, charter school, governing board in charge
35of the charter school, area education agency, or board of
-3-1directors of an area education agency as well. The bill
2provides that reasonable monetary damages include attorney
3fees.
-4-jda/jh
2physical contact between certain specified school employees
3or volunteers and students, including civil and criminal
4immunity, monetary damages, and attorney fees.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 280.21, subsection 1, Code 2023, is
2amended to read as follows:
31. An employee or volunteer of a public school district,
4accredited nonpublic school, charter school, or area education
5agency shall not inflict, or cause to be inflicted, corporal
6punishment upon a student. For purposes of this section,
7“corporal punishment” means the intentional physical punishment
8of a student. An employee’s or volunteer’s physical contact
9with the body of a student shall not be considered corporal
10punishment if it the contact is reasonable and necessary under
11the circumstances and is not designed or intended to cause
12pain or if the employee or volunteer uses reasonable force, as
13defined under section 704.1, for the protection of the employee
14or volunteer, the student, or other students; to obtain the
15possession of a weapon or other dangerous object within a
16student’s control; or for the protection of property. The
17department of education shall adopt rules to implement this
18section.
19 Sec. 2. Section 280.21, subsection 2, unnumbered paragraph
201, Code 2023, is amended to read as follows:
21A school employee who, in the reasonable course of the
22employee’s employment responsibilities, or a school volunteer
23who, in the reasonable course of the school volunteer’s
24volunteer responsibilities, comes into physical contact with a
25student shall be granted immunity from any civil or criminal
26liability which might otherwise be incurred or imposed as a
27result of such physical contact, if the physical contact is
28reasonable under the circumstances and involves any of the
29following:
30 Sec. 3. Section 280.21, subsection 2, paragraphs b and d,
31Code 2023, are amended to read as follows:
32b. Protecting the employee, the volunteer, student, or other
33students.
34d. Protecting employee, volunteer, student, or school
35property.
-1-1 Sec. 4. Section 280.21, Code 2023, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 2A. If a school employee or school
4volunteer is granted immunity from any civil or criminal
5liability as provided in subsection 2, the school district,
6board of directors of the school district, accredited nonpublic
7school, authorities in charge of the accredited nonpublic
8school, charter school, governing board in charge of the
9charter school, area education agency, or board of directors
10of the area education agency shall also be granted immunity
11from any civil or criminal liability to the same extent as the
12school employee or school volunteer.
13 Sec. 5. Section 280.21, subsection 3, Code 2023, is amended
14to read as follows:
153. To prevail in a civil action alleging a violation
16of this section, the party bringing the action shall prove
17the violation by clear and convincing evidence. Any school
18employee, school volunteer, school district, board of directors
19of a school district, accredited nonpublic school, authorities
20in charge of an accredited nonpublic school, charter school,
21governing board in charge of the charter school, area education
22agency, or board of directors of an area education agency
23 determined in a civil action to have been wrongfully accused
24under this section shall be awarded reasonable monetary
25damages, including attorney fees, in light of the circumstances
26involved, against the party bringing the action.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill relates to civil actions associated with
31permissible physical contact between certain specified school
32employees or volunteers and students, including civil and
33criminal immunity, monetary damages, and attorney fees.
34Current law governing corporal punishment in schools
35prohibits an employee of a public school district, accredited
-2-1nonpublic school, or area education agency from inflicting
2corporal punishment upon a student. “Corporal punishment” is
3defined as the intentional physical punishment of a student.
4Current law specifies circumstances in which an employee’s
5physical contact with the body of a student shall not be
6considered corporal punishment. Current law also provides
7that a school employee who, in the reasonable course of the
8employee’s employment responsibilities, comes into physical
9contact with a student shall be granted immunity from any
10civil or criminal liability which might otherwise be incurred
11or imposed as a result of such physical contact, if the
12physical contact is reasonable under the circumstances and
13involves various specified acts. This bill applies the same
14prohibitions, responsibilities, and immunity to a school
15volunteer and to a charter school employee.
16The bill provides that if a school employee or school
17volunteer is granted immunity from any civil or criminal
18liability in this way, the school district, board of
19directors of the school district, accredited nonpublic school,
20authorities in charge of the accredited nonpublic school,
21charter school, governing board in charge of the charter
22school, area education agency, or board of directors of an area
23education agency shall also be granted immunity from any civil
24or criminal liability to the same extent as the school employee
25or school volunteer.
26Current law provides that any school employee determined in
27a civil action to have been wrongfully accused of violating
28state law on corporal punishment in schools shall be awarded
29reasonable monetary damages, in light of the circumstances
30involved, against the party bringing the action. The bill
31applies this provision to a school volunteer, the school
32district, board of directors of the school district, accredited
33nonpublic school, authorities in charge of the accredited
34nonpublic school, charter school, governing board in charge
35of the charter school, area education agency, or board of
-3-1directors of an area education agency as well. The bill
2provides that reasonable monetary damages include attorney
3fees.
-4-jda/jh