House File 604 - IntroducedA Bill ForAn Act 1relating to education, including authorizing the
2ombudsman to investigate complaints received by individuals
3who hold a license, certificate, authorization, or statement
4of recognition issued by the board of educational examiners,
5modifying the responsibilities of school districts,
6accredited nonpublic schools, and charter schools,
7and authorizing teachers employed by school districts,
8accredited nonpublic schools, or charter schools to remove
9disruptive students from the classroom.
10BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 2C.9, Code 2023, is amended by adding the
2following new subsection:
3   NEW SUBSECTION.  2A.  Investigate, on complaint, any
4complaint received by an individual who holds a license,
5certificate, authorization, or statement of recognition issued
6by the board of educational examiners related to violence in
7the classroom, on school property, and any other violations of
8state law. The ombudsman shall maintain secrecy in respect to
9the identities of the complainants.
10   Sec. 2.  Section 256E.7, subsection 2, Code 2023, is amended
11by adding the following new paragraphs:
12   NEW PARAGRAPH.  0j.  Be subject to and comply with the
13requirements of section 280.33 relating to notifications to
14the parents or guardians of a student in the event a classroom
15teacher witnesses the student suffer a bodily injury in the
16same manner as a school district.
17   NEW PARAGRAPH.  00j.  Be subject to and comply with the
18requirements of section 280.34 relating to prohibiting
19retaliation against employees or contractors for disclosing
20certain specified information in the same manner as a school
21district.
22   NEW PARAGRAPH.  000j.  Be subject to and comply with the
23requirements of section 280.35 relating to the removal of
24disruptive students from the classroom in the same manner as
25a school district.
26   Sec. 3.  NEW SECTION.  279.77  Professional development —
27notification.
   28If a school district requires an employee to participate
29in a particular professional development program, the school
30district shall provide notice to the employee indicating the
31section of the Code, or rules adopted by the state board of
32education or the board of educational examiners, the school
33district determines requires the employee to participate in
34the professional development program. For purposes of this
35section, “professional development program” means the same as
-1-1defined in section 272.1.
2   Sec. 4.  Section 280.21, Code 2023, is amended by adding the
3following new subsection:
4   NEW SUBSECTION.  5.  A public school district, accredited
5nonpublic school, or area education agency shall provide to all
6teachers employed by the public school district, accredited
7nonpublic school, or area education agency a copy of this
8section after entering into an initial contract with the
9teacher and each time the contract is renewed.
10   Sec. 5.  NEW SECTION.  280.33  Notice to parents or guardians
11related to student injuries.
   12A teacher employed by a school district or an accredited
13nonpublic school shall notify the parent or guardian of a
14student enrolled in the school district or accredited nonpublic
15school by telephonic means within twenty-four hours after the
16teacher witnesses the student suffer a bodily injury.
17   Sec. 6.  NEW SECTION.  280.34  Retaliation prohibition.
   18The board of directors of a school district or the
19authorities in charge of an accredited nonpublic school
20shall not take any disciplinary action against an employee
21or contractor of the school district or accredited nonpublic
22school for disclosing information to any public official
23or law enforcement agency, including a disclosure to the
24ombudsman pursuant to section 2C.9, subsection 2A, if the
25employee or contractor reasonably believes the information
26evidences a violation of law or rule, mismanagement, a gross
27abuse of funds, an abuse of authority, or a substantial and
28specific danger to public health or safety. For purposes of
29this section, “disciplinary action” includes termination of
30employment or the contractual relationship, suspension from
31employment, demotion, financial penalties, and written or
32verbal reprimands.
33   Sec. 7.  NEW SECTION.  280.35  Removal of disruptive students
34from the classroom.
   351.  As used in this section:
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   1a.  “Administrator” means the same as defined in section
2272.1.
   3b.  “School resource officer” means the same as defined in
434 U.S.C.§10389.
   5c.  “Teacher” means the same as defined in section 272.1.
   62.  A teacher employed by a school district or an accredited
7nonpublic school may remove a disruptive student from the
8classroom under the supervision of a school resource officer or
9the lead administrator located in the attendance center.
   103.  a.  The first time a teacher removes a disruptive student
11from the classroom pursuant to subsection 2 in a semester, or
12the trimester or quarter equivalent, the school district or
13accredited nonpublic school shall do all of the following:
   14(1)  Facilitate a counseling session between the student
15and a school counselor licensed by the board of educational
16examiners under chapter 272.
   17(2)  Place the student in one day of in-school suspension
18after the counseling session described in subparagraph (1)
19takes place.
   20b.  The second time a teacher removes a disruptive student
21from the classroom pursuant to subsection 2 in a semester, or
22the trimester or quarter equivalent, the school district or
23accredited nonpublic school shall do all of the following:
   24(1)  Facilitate a counseling session between the student
25and a school counselor licensed by the board of educational
26examiners under chapter 272.
   27(2)  Place the student in five consecutive school days of
28in-school suspension after the counseling session described in
29subparagraph (1) takes place.
   30c.  The third time a teacher removes a disruptive student
31from the classroom pursuant to subsection 2 in a school year,
32the school district or accredited nonpublic school shall
33permanently expel the student from the teacher’s class and,
34if the student is enrolled in grades nine through twelve, the
35student shall not receive high school credit for the class.
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1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
   4This bill relates to education, including authorizing the
5ombudsman to investigate complaints received by individuals
6who hold a license, certificate, authorization, or statement
7of recognition issued by the board of educational examiners,
8modifying the responsibilities of school districts, accredited
9nonpublic schools, and charter schools, and authorizing
10teachers employed by school districts, accredited nonpublic
11schools, or charter schools to remove disruptive students from
12the classroom.
   13The bill allows the ombudsman to investigate any complaint
14received by an individual who holds a license, certificate,
15authorization, or statement of recognition issued by the board
16of educational examiners (BOEE) related to violence in the
17classroom, on school property, and any other violations of
18state law. The ombudsman must maintain secrecy in respect to
19the identities of the complainants.
   20The bill provides that if a school district requires
21an employee to participate in a particular professional
22development program, the school district is required to provide
23notice to the employee indicating the section of the Code, or
24rules adopted by the state board of education or the BOEE,
25that the school district determines requires the employee to
26participate in the professional development program.
   27Pursuant to Code section 280.21, an employee of a school
28district, accredited nonpublic school, or area education agency
29is prohibited from inflicting corporal punishment upon a
30student. Code section 280.21 provides that physical contact
31with a student that is reasonable and necessary under the
32circumstances and that is not designed or intended to cause
33pain is not corporal punishment. The bill requires school
34districts, accredited nonpublic schools, and area education
35agencies to provide to all teachers a copy of Code section
-4-1280.21 after entering into an initial contract with the teacher
2and each time the contract is renewed.
   3The bill requires a teacher employed by a school district,
4accredited nonpublic school, or charter school to notify the
5parent or guardian of a student enrolled in the school by
6telephonic means within 24 hours after the teacher witnesses
7the student suffer a bodily injury.
   8The bill prohibits school districts, accredited nonpublic
9schools, and charter schools from taking any disciplinary
10action against an employee or a contractor for disclosing
11information to any public official or law enforcement agency if
12the employee or contractor reasonably believes the information
13evidences a violation of law or rule, mismanagement, a gross
14abuse of funds, an abuse of authority, or a substantial and
15specific danger to public health or safety. “Disciplinary
16action” includes termination of employment or the contractual
17relationship, suspension from employment, demotion, financial
18penalties, and written or verbal reprimands.
   19The bill allows a teacher employed by a school district,
20accredited nonpublic school, or charter school to remove a
21disruptive student from the classroom under the supervision of
22a school resource officer or the lead administrator located
23in the attendance center. The first time a teacher removes a
24disruptive student from the classroom in a semester the school
25is required to facilitate a counseling session between the
26student and a school counselor and place the student in one
27school day of in-school suspension after the counseling session
28takes place. The second time a teacher removes a disruptive
29student from the classroom in a semester the school is required
30to facilitate a counseling session between the student and a
31school counselor and place the student in five consecutive
32school days of in-school suspension after the counseling
33session takes place. The third time a teacher removes a
34disruptive student from the classroom in a school year the
35school is required to permanently expel the student from the
-5-1teacher’s class and, if the student is enrolled in grades 9
2through 12, the student shall not receive high school credit
3for the class.
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