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House File 604 - EnrolledAn Actrelating to education, including authorizing the
ombudsman to investigate complaints received by individuals
who hold a license, certificate, authorization, or statement
of recognition issued by the board of educational examiners,
and modifying the responsibilities of the department of
education, school districts, and charter schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 2C.9, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 2A. Investigate, on complaint, any
complaint received by an individual who holds a license,
certificate, authorization, or statement of recognition issued
by the board of educational examiners related to violence in
the classroom or violence on school property, including any
disclosure of information to which section 279.78 applies
related to violence in the classroom or violence on school
property. The ombudsman shall provide the results of the
investigation to the department of education and the board of
educational examiners. The ombudsman shall maintain secrecy in
respect to the identities of the complainants.
Sec. 2. Section 256.9, Code 2023, is amended by adding the
following new subsections:
NEW SUBSECTION. 66. Develop and distribute to school
districts a list of all professional development programs and
other training programs in which employees of school districts
are required to participate pursuant to federal law or state
law, including chapter 284.
NEW SUBSECTION. 67. Develop and distribute to school
districts and charter schools model policies that, if adopted
by a school district or charter school, would satisfy the
school district’s or charter school’s responsibilities under
section 279.79 relating to the discipline of a student for
making a threat of violence or causing an incident of violence
that results in injury or property damage or assault.
Sec. 3. Section 256E.7, subsection 2, Code 2023, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. 0j. Be subject to and comply with the
requirements of section 279.78 relating to prohibiting
retaliation against employees or contractors for disclosing
certain specified information in the same manner as a school
district.
NEW PARAGRAPH. 00j. Be subject to and comply with the
-1-requirements of section 279.79 relating to the adoption of
policies related to the discipline of a student for making a
threat of violence or causing an incident of violence that
results in injury or property damage or assault in the same
manner as a school district.
NEW PARAGRAPH. 000j. Be subject to and comply with the
requirements of section 279.80 relating to student handbooks in
the same manner as a school district.
Sec. 4. Section 279.51A, subsection 4, Code 2023, is amended
to read as follows:
4. a. A classroom teacher employed by a school district
shall report any threat of violence or incident of violence
that results in injury or property damage or assault by a
student enrolled in the school to the principal or the lead
administrator of the school within twenty-four hours after the
threat of violence or incident of violence occurs, and the
classroom teacher may notify the parent or guardian of the
student who made the threat of violence or caused the incident
of violence, and the parent or guardian of the student to whom
the threat of violence was made or the incident of violence
occurred, of the threat of violence or incident of violence.
b. The principal or lead administrator of the school shall
notify the parent or guardian of the student enrolled in the
school who made the threat of violence or caused the incident
of violence that resulted in injury or property damage or
assault, and the parent or guardian of the student to whom
the threat of violence was made or the incident of violence
occurred, of the threat of violence or incident of violence
within twenty-four hours after the classroom teacher reports
the threat of violence or incident of violence to the principal
or lead administrator pursuant to paragraph “a”.
Sec. 5. NEW SECTION. 279.77 Professional development —
notification.
If a school district requires an employee to participate
in a particular professional development program, including
-2-a program that is included on the list developed by the
department of education pursuant to section 256.9, subsection
66, the school district shall provide notice to the employee
indicating the section of the Code, or rules adopted by the
state board of education or the board of educational examiners,
the school district determines requires the employee to
participate in the professional development program.
Sec. 6. NEW SECTION. 279.78 Retaliation prohibition.
The board of directors of a school district shall not take
any disciplinary action against an employee or contractor of
the school district for disclosing information to any public
official or law enforcement agency, including a disclosure
to the ombudsman pursuant to section 2C.9, subsection 2A, if
the employee or contractor reasonably believes the information
evidences a violation of law or rule, mismanagement, a gross
abuse of funds, an abuse of authority, or a substantial and
specific danger to public health or safety. For purposes of
this section, “disciplinary action” includes termination of
employment or the contractual relationship, suspension from
employment, demotion, financial penalties, failing to take
action regarding an employee’s or contractor’s promotion
or proposed promotion, failing to provide an advantage in
employment or the contractual relationship, and written or
verbal reprimands.
Sec. 7. NEW SECTION. 279.79 Discipline of students who make
threats of violence or cause incidents of violence.
The board of directors of each school district shall adopt,
in collaboration with teachers and administrative staff
employed by the school district, policies for different grade
levels that describe how a school district may discipline a
student for making a threat of violence or causing an incident
of violence that results in injury or property damage or
assault. All of the following shall apply to the policies:
1. The policies must incorporate strategies that are
designed to correct the student’s behavior.
-3- 2. The policies must provide for parent or guardian
conferences, counseling sessions, or mental health counseling
sessions, when appropriate. The policies must provide that
the school district must receive the prior written consent of
the student’s parent or guardian before requiring the student
to participate in a counseling session or a mental health
counseling session.
3. The policies must be consistent with the provisions of
chapter 256B, the administrative rules adopted by the state
board for purposes of chapter 256B, the federal Individuals
with Disabilities Education Act, 20 U.S.C. §1400 et seq., and
the federal Rehabilitation Act of 1973, as amended and codified
in 29 U.S.C. §701 et seq.
4. The policies must provide for escalating levels of
discipline each time the student makes a threat of violence
or causes an incident of violence that results in injury or
property damage or assault.
5. The policies must allow for the school district to select
the level of discipline that the school district determines
corresponds to the severity of the threat of violence or
incident of violence.
6. The policies must allow the school district to
suspend the student, permanently remove the student from a
particular class, expel the student, or place the student in
an alternative learning environment, including a therapeutic
classroom, when appropriate.
7. The policies must require an individualized education
program meeting if the student who made the threat of violence
or caused the incident of violence that resulted in injury or
property damage or assault has an individualized education
program.
8. The policies must be published on the school district’s
internet site and in applicable student handbooks.
Sec. 8. NEW SECTION. 279.80 Student handbooks.
1. Annually, on or before the beginning of the school
-4-calendar, each school district shall publish one or more
student handbooks and provide to the parent or guardian of each
student enrolled in the school district a printed or electronic
copy of a student handbook that includes basic information
related to the expectations of students in the grade level
or attendance center to which the student handbook applies,
including information related to academics, attendance,
discipline, health and safety, and daily schedules.
2. Each school district shall require that the parent
or guardian of each student enrolled in the school district
acknowledge receipt of the applicable student handbook, either
in writing or electronically.
Sec. 9. Section 280.21, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 5. A public school district or area
education agency shall provide to all teachers employed by the
public school district or area education agency a copy of this
section with the initial employment contract and with each
notice of renewal of the employment contract.
-5-______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 604, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorjda/jh/md
ombudsman to investigate complaints received by individuals
who hold a license, certificate, authorization, or statement
of recognition issued by the board of educational examiners,
and modifying the responsibilities of the department of
education, school districts, and charter schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 2C.9, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 2A. Investigate, on complaint, any
complaint received by an individual who holds a license,
certificate, authorization, or statement of recognition issued
by the board of educational examiners related to violence in
the classroom or violence on school property, including any
disclosure of information to which section 279.78 applies
related to violence in the classroom or violence on school
property. The ombudsman shall provide the results of the
investigation to the department of education and the board of
educational examiners. The ombudsman shall maintain secrecy in
respect to the identities of the complainants.
Sec. 2. Section 256.9, Code 2023, is amended by adding the
following new subsections:
NEW SUBSECTION. 66. Develop and distribute to school
districts a list of all professional development programs and
other training programs in which employees of school districts
are required to participate pursuant to federal law or state
law, including chapter 284.
NEW SUBSECTION. 67. Develop and distribute to school
districts and charter schools model policies that, if adopted
by a school district or charter school, would satisfy the
school district’s or charter school’s responsibilities under
section 279.79 relating to the discipline of a student for
making a threat of violence or causing an incident of violence
that results in injury or property damage or assault.
Sec. 3. Section 256E.7, subsection 2, Code 2023, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. 0j. Be subject to and comply with the
requirements of section 279.78 relating to prohibiting
retaliation against employees or contractors for disclosing
certain specified information in the same manner as a school
district.
NEW PARAGRAPH. 00j. Be subject to and comply with the
-1-requirements of section 279.79 relating to the adoption of
policies related to the discipline of a student for making a
threat of violence or causing an incident of violence that
results in injury or property damage or assault in the same
manner as a school district.
NEW PARAGRAPH. 000j. Be subject to and comply with the
requirements of section 279.80 relating to student handbooks in
the same manner as a school district.
Sec. 4. Section 279.51A, subsection 4, Code 2023, is amended
to read as follows:
4. a. A classroom teacher employed by a school district
shall report any threat of violence or incident of violence
that results in injury or property damage or assault by a
student enrolled in the school to the principal or the lead
administrator of the school within twenty-four hours after the
threat of violence or incident of violence occurs, and the
classroom teacher may notify the parent or guardian of the
student who made the threat of violence or caused the incident
of violence, and the parent or guardian of the student to whom
the threat of violence was made or the incident of violence
occurred, of the threat of violence or incident of violence.
b. The principal or lead administrator of the school shall
notify the parent or guardian of the student enrolled in the
school who made the threat of violence or caused the incident
of violence that resulted in injury or property damage or
assault, and the parent or guardian of the student to whom
the threat of violence was made or the incident of violence
occurred, of the threat of violence or incident of violence
within twenty-four hours after the classroom teacher reports
the threat of violence or incident of violence to the principal
or lead administrator pursuant to paragraph “a”.
Sec. 5. NEW SECTION. 279.77 Professional development —
notification.
If a school district requires an employee to participate
in a particular professional development program, including
-2-a program that is included on the list developed by the
department of education pursuant to section 256.9, subsection
66, the school district shall provide notice to the employee
indicating the section of the Code, or rules adopted by the
state board of education or the board of educational examiners,
the school district determines requires the employee to
participate in the professional development program.
Sec. 6. NEW SECTION. 279.78 Retaliation prohibition.
The board of directors of a school district shall not take
any disciplinary action against an employee or contractor of
the school district for disclosing information to any public
official or law enforcement agency, including a disclosure
to the ombudsman pursuant to section 2C.9, subsection 2A, if
the employee or contractor reasonably believes the information
evidences a violation of law or rule, mismanagement, a gross
abuse of funds, an abuse of authority, or a substantial and
specific danger to public health or safety. For purposes of
this section, “disciplinary action” includes termination of
employment or the contractual relationship, suspension from
employment, demotion, financial penalties, failing to take
action regarding an employee’s or contractor’s promotion
or proposed promotion, failing to provide an advantage in
employment or the contractual relationship, and written or
verbal reprimands.
Sec. 7. NEW SECTION. 279.79 Discipline of students who make
threats of violence or cause incidents of violence.
The board of directors of each school district shall adopt,
in collaboration with teachers and administrative staff
employed by the school district, policies for different grade
levels that describe how a school district may discipline a
student for making a threat of violence or causing an incident
of violence that results in injury or property damage or
assault. All of the following shall apply to the policies:
1. The policies must incorporate strategies that are
designed to correct the student’s behavior.
-3- 2. The policies must provide for parent or guardian
conferences, counseling sessions, or mental health counseling
sessions, when appropriate. The policies must provide that
the school district must receive the prior written consent of
the student’s parent or guardian before requiring the student
to participate in a counseling session or a mental health
counseling session.
3. The policies must be consistent with the provisions of
chapter 256B, the administrative rules adopted by the state
board for purposes of chapter 256B, the federal Individuals
with Disabilities Education Act, 20 U.S.C. §1400 et seq., and
the federal Rehabilitation Act of 1973, as amended and codified
in 29 U.S.C. §701 et seq.
4. The policies must provide for escalating levels of
discipline each time the student makes a threat of violence
or causes an incident of violence that results in injury or
property damage or assault.
5. The policies must allow for the school district to select
the level of discipline that the school district determines
corresponds to the severity of the threat of violence or
incident of violence.
6. The policies must allow the school district to
suspend the student, permanently remove the student from a
particular class, expel the student, or place the student in
an alternative learning environment, including a therapeutic
classroom, when appropriate.
7. The policies must require an individualized education
program meeting if the student who made the threat of violence
or caused the incident of violence that resulted in injury or
property damage or assault has an individualized education
program.
8. The policies must be published on the school district’s
internet site and in applicable student handbooks.
Sec. 8. NEW SECTION. 279.80 Student handbooks.
1. Annually, on or before the beginning of the school
-4-calendar, each school district shall publish one or more
student handbooks and provide to the parent or guardian of each
student enrolled in the school district a printed or electronic
copy of a student handbook that includes basic information
related to the expectations of students in the grade level
or attendance center to which the student handbook applies,
including information related to academics, attendance,
discipline, health and safety, and daily schedules.
2. Each school district shall require that the parent
or guardian of each student enrolled in the school district
acknowledge receipt of the applicable student handbook, either
in writing or electronically.
Sec. 9. Section 280.21, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 5. A public school district or area
education agency shall provide to all teachers employed by the
public school district or area education agency a copy of this
section with the initial employment contract and with each
notice of renewal of the employment contract.
-5-______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 604, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorjda/jh/md