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House File 604 - ReprintedA 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 and
6charter schools, and authorizing teachers employed by school
7districts or charter schools to remove disruptive students
8from the classroom.
9BE 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 or violence on school property, including any
8disclosure of information to which section 279.79 applies
9related to violence in the classroom or violence on school
10property. The ombudsman shall provide the results of the
11investigation to the department of education and the board of
12educational examiners. The ombudsman shall maintain secrecy in
13respect to the identities of the complainants.
14 Sec. 2. Section 256.9, Code 2023, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 66. Develop and distribute to school
17districts a list of all professional development programs and
18other training programs in which employees of school districts
19are required to participate pursuant to federal law or state
20law, including chapter 284. For purposes of this subsection,
21“professional development program” means the same as defined in
22section 272.1.
23 Sec. 3. Section 256E.7, subsection 2, Code 2023, is amended
24by adding the following new paragraphs:
25 NEW PARAGRAPH. 0j. Be subject to and comply with the
26requirements of section 279.78 relating to notifications to
27the parents or guardians of a student in the event a classroom
28teacher witnesses the student suffer an incident of violence in
29the same manner as a school district.
30 NEW PARAGRAPH. 00j. Be subject to and comply with the
31requirements of section 279.79 relating to prohibiting
32retaliation against employees or contractors for disclosing
33certain specified information in the same manner as a school
34district.
35 NEW PARAGRAPH. 000j. Be subject to and comply with the
-1-1requirements of section 279.80 relating to the removal of
2disruptive students from the classroom in the same manner as
3a school district.
4 Sec. 4. Section 279.51A, subsection 4, Code 2023, is amended
5to read as follows:
64. A classroom teacher employed by a school district shall
7report any incident of violence that results in injury or
8property damage or assault by a student enrolled in the school
9to the principal or the lead administrator of the school within
10twenty-four hours after the incident of violence occurs. The
11principal or lead administrator of the school shall notify the
12parent or guardian of the student enrolled in the school who
13caused the incident of violence that resulted in injury or
14property damage or assault of the incident of violence within
15twenty-four hours after the classroom teacher reports the
16incident of violence to the principal or lead administrator.
17 Sec. 5. NEW SECTION. 279.77 Professional development —
18notification.
19If a school district requires an employee to participate
20in a particular professional development program, including
21a program that is included on the list developed by the
22department of education pursuant to section 256.9, subsection
2366, the school district shall provide notice to the employee
24indicating the section of the Code, or rules adopted by the
25state board of education or the board of educational examiners,
26the school district determines requires the employee to
27participate in the professional development program. For
28purposes of this section, “professional development program”
29means the same as defined in section 272.1.
30 Sec. 6. NEW SECTION. 279.78 Notice to parents or guardians
31related to incidents of violence.
32A teacher employed by a school district may notify the parent
33or guardian of a student enrolled in the school district if the
34teacher witnesses the student suffer an incident of violence
35that results in injury or property damage or assault.
-2-1 Sec. 7. NEW SECTION. 279.79 Retaliation prohibition.
2The board of directors of a school district shall not take
3any disciplinary action against an employee or contractor of
4the school district for disclosing information to any public
5official or law enforcement agency, including a disclosure
6to the ombudsman pursuant to section 2C.9, subsection 2A, if
7the employee or contractor reasonably believes the information
8evidences a violation of law or rule, mismanagement, a gross
9abuse of funds, an abuse of authority, or a substantial and
10specific danger to public health or safety. For purposes of
11this section, “disciplinary action” includes termination of
12employment or the contractual relationship, suspension from
13employment, demotion, financial penalties, failing to take
14action regarding an employee’s or contractor’s promotion
15or proposed promotion, failing to provide an advantage in
16employment or the contractual relationship, and written or
17verbal reprimands.
18 Sec. 8. NEW SECTION. 279.80 Removal of disruptive students
19from the classroom.
201. As used in this section:
21a. “Administrator” means the same as defined in section
22272.1.
23b. “School resource officer” means the same as defined in
2434 U.S.C.§10389.
25c. “Teacher” means the same as defined in section 272.1.
26d. “Therapeutic classroom” means the same as defined in
27section 256.25, subsection 7.
282. The board of directors of each public school district
29shall adopt a policy, consistent with section 279.51A, that
30describes when a teacher may remove a disruptive student from
31the classroom. The policy shall provide for escalating levels
32of discipline each time a disruptive student is removed from
33the classroom. The policy shall include, at a minimum, all of
34the following:
35a. A teacher employed by a school district may remove a
-3-1disruptive student from the classroom under the supervision of
2a school resource officer or an administrator located in the
3attendance center.
4b. (1) The first time a teacher removes a disruptive
5student from the classroom pursuant to paragraph “a” in a
6semester, or the trimester or quarter equivalent, the school
7district shall do all of the following:
8(a) Facilitate a counseling session between the student
9and a school counselor licensed by the board of educational
10examiners under chapter 256.
11(b) Place the student in one day of in-school suspension
12after the counseling session described in subparagraph division
13(a) takes place.
14(2) The second time a teacher removes a disruptive student
15from the classroom pursuant to paragraph “a” in a semester, or
16the trimester or quarter equivalent, the school district shall
17do all of the following:
18(a) Facilitate a counseling session between the student
19and a school counselor licensed by the board of educational
20examiners under chapter 256.
21(b) Place the student in five consecutive school days of
22in-school suspension after the counseling session described in
23subparagraph division (a) takes place.
24(3) The third time a teacher removes a disruptive student
25from the classroom pursuant to paragraph “a” in a school year,
26the school district may permanently remove the student from the
27teacher’s class, and the school district shall consider placing
28the student in an alternative learning environment, including a
29therapeutic classroom.
30 Sec. 9. Section 280.21, Code 2023, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 5. A public school district or area
33education agency shall provide to all teachers employed by the
34public school district or area education agency a copy of this
35section with the initial employment contract and with each
-4-1notice of renewal of the employment contract.
jda/jh/md
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 and
6charter schools, and authorizing teachers employed by school
7districts or charter schools to remove disruptive students
8from the classroom.
9BE 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 or violence on school property, including any
8disclosure of information to which section 279.79 applies
9related to violence in the classroom or violence on school
10property. The ombudsman shall provide the results of the
11investigation to the department of education and the board of
12educational examiners. The ombudsman shall maintain secrecy in
13respect to the identities of the complainants.
14 Sec. 2. Section 256.9, Code 2023, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 66. Develop and distribute to school
17districts a list of all professional development programs and
18other training programs in which employees of school districts
19are required to participate pursuant to federal law or state
20law, including chapter 284. For purposes of this subsection,
21“professional development program” means the same as defined in
22section 272.1.
23 Sec. 3. Section 256E.7, subsection 2, Code 2023, is amended
24by adding the following new paragraphs:
25 NEW PARAGRAPH. 0j. Be subject to and comply with the
26requirements of section 279.78 relating to notifications to
27the parents or guardians of a student in the event a classroom
28teacher witnesses the student suffer an incident of violence in
29the same manner as a school district.
30 NEW PARAGRAPH. 00j. Be subject to and comply with the
31requirements of section 279.79 relating to prohibiting
32retaliation against employees or contractors for disclosing
33certain specified information in the same manner as a school
34district.
35 NEW PARAGRAPH. 000j. Be subject to and comply with the
-1-1requirements of section 279.80 relating to the removal of
2disruptive students from the classroom in the same manner as
3a school district.
4 Sec. 4. Section 279.51A, subsection 4, Code 2023, is amended
5to read as follows:
64. A classroom teacher employed by a school district shall
7report any incident of violence that results in injury or
8property damage or assault by a student enrolled in the school
9to the principal or the lead administrator of the school within
10twenty-four hours after the incident of violence occurs. The
11principal or lead administrator of the school shall notify the
12parent or guardian of the student enrolled in the school who
13caused the incident of violence that resulted in injury or
14property damage or assault of the incident of violence within
15twenty-four hours after the classroom teacher reports the
16incident of violence to the principal or lead administrator.
17 Sec. 5. NEW SECTION. 279.77 Professional development —
18notification.
19If a school district requires an employee to participate
20in a particular professional development program, including
21a program that is included on the list developed by the
22department of education pursuant to section 256.9, subsection
2366, the school district shall provide notice to the employee
24indicating the section of the Code, or rules adopted by the
25state board of education or the board of educational examiners,
26the school district determines requires the employee to
27participate in the professional development program. For
28purposes of this section, “professional development program”
29means the same as defined in section 272.1.
30 Sec. 6. NEW SECTION. 279.78 Notice to parents or guardians
31related to incidents of violence.
32A teacher employed by a school district may notify the parent
33or guardian of a student enrolled in the school district if the
34teacher witnesses the student suffer an incident of violence
35that results in injury or property damage or assault.
-2-1 Sec. 7. NEW SECTION. 279.79 Retaliation prohibition.
2The board of directors of a school district shall not take
3any disciplinary action against an employee or contractor of
4the school district for disclosing information to any public
5official or law enforcement agency, including a disclosure
6to the ombudsman pursuant to section 2C.9, subsection 2A, if
7the employee or contractor reasonably believes the information
8evidences a violation of law or rule, mismanagement, a gross
9abuse of funds, an abuse of authority, or a substantial and
10specific danger to public health or safety. For purposes of
11this section, “disciplinary action” includes termination of
12employment or the contractual relationship, suspension from
13employment, demotion, financial penalties, failing to take
14action regarding an employee’s or contractor’s promotion
15or proposed promotion, failing to provide an advantage in
16employment or the contractual relationship, and written or
17verbal reprimands.
18 Sec. 8. NEW SECTION. 279.80 Removal of disruptive students
19from the classroom.
201. As used in this section:
21a. “Administrator” means the same as defined in section
22272.1.
23b. “School resource officer” means the same as defined in
2434 U.S.C.§10389.
25c. “Teacher” means the same as defined in section 272.1.
26d. “Therapeutic classroom” means the same as defined in
27section 256.25, subsection 7.
282. The board of directors of each public school district
29shall adopt a policy, consistent with section 279.51A, that
30describes when a teacher may remove a disruptive student from
31the classroom. The policy shall provide for escalating levels
32of discipline each time a disruptive student is removed from
33the classroom. The policy shall include, at a minimum, all of
34the following:
35a. A teacher employed by a school district may remove a
-3-1disruptive student from the classroom under the supervision of
2a school resource officer or an administrator located in the
3attendance center.
4b. (1) The first time a teacher removes a disruptive
5student from the classroom pursuant to paragraph “a” in a
6semester, or the trimester or quarter equivalent, the school
7district shall do all of the following:
8(a) Facilitate a counseling session between the student
9and a school counselor licensed by the board of educational
10examiners under chapter 256.
11(b) Place the student in one day of in-school suspension
12after the counseling session described in subparagraph division
13(a) takes place.
14(2) The second time a teacher removes a disruptive student
15from the classroom pursuant to paragraph “a” in a semester, or
16the trimester or quarter equivalent, the school district shall
17do all of the following:
18(a) Facilitate a counseling session between the student
19and a school counselor licensed by the board of educational
20examiners under chapter 256.
21(b) Place the student in five consecutive school days of
22in-school suspension after the counseling session described in
23subparagraph division (a) takes place.
24(3) The third time a teacher removes a disruptive student
25from the classroom pursuant to paragraph “a” in a school year,
26the school district may permanently remove the student from the
27teacher’s class, and the school district shall consider placing
28the student in an alternative learning environment, including a
29therapeutic classroom.
30 Sec. 9. Section 280.21, Code 2023, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 5. A public school district or area
33education agency shall provide to all teachers employed by the
34public school district or area education agency a copy of this
35section with the initial employment contract and with each
-4-1notice of renewal of the employment contract.
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