Bill Text: IA HF2170 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act concerning civil liability of certain educational entities and their employees and providing penalties and sanctions.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2016-02-08 - Subcommittee, Paulsen, Jones, and Oldson. H.J. 180. [HF2170 Detail]
Download: Iowa-2015-HF2170-Introduced.html
House File 2170 - Introduced HOUSE FILE BY WILLS A BILL FOR 1 An Act concerning civil liability of certain educational 2 entities and their employees and providing penalties and 3 sanctions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5635YH (3) 86 je/rj PAG LIN 1 1 Section 1. NEW SECTION. 259B.1 Definitions. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Educational entity" means the state board of education 1 5 or the board of directors of a school district. 1 6 2. "Employee" means an individual who is a member of an 1 7 educational entity, who is employed by an educational entity, 1 8 who provides student=related services for an educational entity 1 9 on a contractual basis, or who is an authorized volunteer who 1 10 provides student=related services for an educational entity. 1 11 Sec. 2. NEW SECTION. 259B.2 School employees == limitation 1 12 of liability. 1 13 1. An educational entity or its employees shall be immune 1 14 from civil liability for taking any action regarding the 1 15 supervision, grading, suspension, expulsion, or discipline of a 1 16 student while the student is on the property of the educational 1 17 entity or is under the supervision of the educational entity 1 18 or its employees. However, such immunity shall not apply if 1 19 such action violated an express statute, rule, regulation, or 1 20 clearly articulated policy of the federal government, state, 1 21 or educational entity. The plaintiff shall have the burden of 1 22 proving such a violation by clear and convincing evidence. 1 23 2. An educational entity and its employees shall be immune 1 24 from civil liability for making a report consistent with 1 25 federal law to appropriate law enforcement authorities or to 1 26 officials of an educational entity if the individual making 1 27 the report has reasonable grounds to suspect that any of the 1 28 following apply: 1 29 a. The student is under the influence of alcohol or a 1 30 controlled substance not lawfully prescribed to the student. 1 31 b. The student is in possession of a firearm, alcohol, or a 1 32 controlled substance not lawfully prescribed to the student. 1 33 c. The student is involved in the illegal solicitation, 1 34 sale, or distribution of a firearm, alcohol, or a controlled 1 35 substance not lawfully prescribed to the student. 2 1 Sec. 3. NEW SECTION. 259B.3 Limitation of punitive damages. 2 2 An employee shall not be liable for punitive damages for acts 2 3 or omissions within the course and scope of employment. For 2 4 purposes of this section, an employee who acts with specific 2 5 intent to cause harm shall not be considered as acting within 2 6 the course and scope of employment. 2 7 Sec. 4. NEW SECTION. 259B.4 False reports == penalty. 2 8 1. A person eighteen years of age or older who knowingly 2 9 makes a false accusation of criminal activity against 2 10 an employee of an educational entity to law enforcement 2 11 authorities or school district officials or personnel commits 2 12 a misdemeanor punishable only by a fine of up to two thousand 2 13 dollars. 2 14 2. A public school student between the ages of seven and 2 15 seventeen who knowingly makes a false accusation of criminal 2 16 activity against an employee of an educational entity to 2 17 law enforcement authorities or school district officials or 2 18 personnel may, at the discretion of the board of directors 2 19 of the school district, and in accordance with the federal 2 20 Individuals with Disabilities Education Act, 20 U.S.C. {1400 et 2 21 seq., be subject to any of the following: 2 22 a. Expulsion. 2 23 b. Suspension for a period of time to be determined by the 2 24 board. 2 25 c. Community service of a type and for a period of time to 2 26 be determined by the board. 2 27 d. Any other sanction as the board in its discretion may 2 28 deem appropriate. 2 29 3. The provisions of this section do not apply to 2 30 accusations against members of the board of directors of a 2 31 school district. 2 32 4. This section is in addition to and does not limit any 2 33 other civil or criminal liability imposed by law on persons who 2 34 make false statements alleging criminal activity by others. 2 35 Sec. 5. NEW SECTION. 259B.5 Court costs and attorney fees 3 1 == limitation of contingency fees. 3 2 1. In any civil action or proceeding against an educational 3 3 entity or its employee for acts or omissions within the course 3 4 and scope of employment in which the educational entity or 3 5 its employee prevails, the court shall award court costs and 3 6 reasonable attorney fees to the prevailing parties. 3 7 2. In any civil action or proceeding against an educational 3 8 entity or its employee for acts or omissions within the 3 9 course and scope of employment, a plaintiff's attorney shall 3 10 not enter into a contingency fee contract that provides 3 11 for the attorney to receive an aggregate contingency fee in 3 12 excess of thirty=five percent of any recovery, exclusive of 3 13 reasonable costs and expenses, and shall not charge or accept a 3 14 contingency fee in excess of that amount. 3 15 3. For purposes of this section, an employee who acts with 3 16 specific intent to cause harm shall not be considered as acting 3 17 within the course and scope of employment. 3 18 Sec. 6. NEW SECTION. 259B.6 Insurance does not constitute 3 19 waiver. 3 20 Unless otherwise provided by law, the existence of any 3 21 insurance policy indemnifying an educational entity against 3 22 liability for damages does not constitute a waiver of any 3 23 defense otherwise available to the educational entity or its 3 24 employees in the defense of the claim for damages. 3 25 Sec. 7. NEW SECTION. 259B.7 Construction. 3 26 This chapter shall not be construed to infringe on any 3 27 right provided under the federal Individuals with Disabilities 3 28 Education Act, 20 U.S.C. {1400 et seq. This chapter shall not 3 29 be construed to conflict with chapter 669 or 670. 3 30 EXPLANATION 3 31 The inclusion of this explanation does not constitute agreement with 3 32 the explanation's substance by the members of the general assembly. 3 33 This bill provides immunity from civil liability to an 3 34 educational entity or its employees for taking any action 3 35 regarding the supervision, grading, suspension, expulsion, or 4 1 discipline of a student while the student is on the property 4 2 of the educational entity or is under the supervision of the 4 3 educational entity or its employees. However, such immunity 4 4 shall not apply if such action violated an express statute, 4 5 rule, regulation, or clearly articulated policy of the federal 4 6 government, state, or educational entity. The plaintiff shall 4 7 have the burden of proving such a violation by clear and 4 8 convincing evidence. 4 9 The bill also provides immunity from civil liability to 4 10 an educational entity or its employees for making a report 4 11 consistent with federal law to appropriate law enforcement 4 12 authorities or to officials of an educational entity if the 4 13 individual making the report has reasonable grounds to suspect 4 14 that a student is engaging in certain activities listed in the 4 15 bill. 4 16 The bill defines "educational entity" as the state board of 4 17 education or the board of directors of a school district. The 4 18 bill defines "employee" as an individual who is a member of an 4 19 educational entity, who is employed by an educational entity, 4 20 who provides student=related services for an educational entity 4 21 on a contractual basis, or who is an authorized volunteer who 4 22 provides student=related services for an educational entity. 4 23 The bill provides that an employee shall not be liable for 4 24 punitive damages for acts or omissions within the course and 4 25 scope of employment. 4 26 The bill provides that a person 18 years of age or older 4 27 who knowingly makes a false accusation of criminal activity 4 28 against an employee of an educational entity to law enforcement 4 29 authorities or school district officials or personnel commits 4 30 a misdemeanor punishable only by a fine of up to $2,000. The 4 31 bill provides that a public school student between the ages of 4 32 7 and 17 who knowingly makes a false accusation of criminal 4 33 activity against an employee of an educational entity to 4 34 law enforcement authorities or school district officials or 4 35 personnel may, at the discretion of the board of directors 5 1 of the school district, and in accordance with the federal 5 2 Individuals with Disabilities Education Act, be subject to 5 3 certain sanctions listed in the bill. These provisions do not 5 4 apply to accusations against members of the board of directors 5 5 of a school district. These provisions are in addition to and 5 6 do not limit any other civil or criminal liability imposed by 5 7 law on persons who make false statements alleging criminal 5 8 activity by others. 5 9 The bill provides that in any civil action or proceeding 5 10 against an educational entity or its employee for acts or 5 11 omissions within the course and scope of employment in which 5 12 the educational entity or its employee prevails, the court 5 13 shall award court costs and reasonable attorney fees to the 5 14 prevailing parties. 5 15 The bill provides that in any civil action or proceeding 5 16 against an educational entity or its employee for acts 5 17 or omissions within the course and scope of employment, a 5 18 plaintiff's attorney shall not enter into a contingency fee 5 19 contract that provides for the attorney to receive an aggregate 5 20 contingency fee in excess of 35 percent of any recovery, 5 21 exclusive of reasonable costs and expenses, and shall not 5 22 charge or accept a contingency fee in excess of that amount. 5 23 For purposes of the bill, an employee who acts with specific 5 24 intent to cause harm shall not be considered as acting within 5 25 the course and scope of employment. 5 26 The bill provides that the existence of any insurance policy 5 27 indemnifying an educational entity against liability for 5 28 damages does not constitute a waiver of any defense otherwise 5 29 available to the educational entity or its employees in the 5 30 defense of the claim, unless otherwise provided by law. 5 31 The bill shall not be construed to infringe on any right 5 32 provided under the federal Individuals with Disabilities 5 33 Education Act. The bill shall not be construed to conflict 5 34 with Code chapter 669 or 670, relating to tort liability of the 5 35 state and governmental subdivisions. LSB 5635YH (3) 86 je/rj
