Bill Text: IA HF2532 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to classroom management and related practitioner preparation procedures for reporting alleged classroom violence and assaults, to corporal punishment, establishing a grant program and fund for creation of therapeutic classrooms, providing claims reimbursement to schools for the transportation of certain students to therapeutic classrooms, making appropriations, and including effective date provisions. (Formerly HSB 598.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-06-10 - Withdrawn. H.J. 689. [HF2532 Detail]
Download: Iowa-2019-HF2532-Introduced.html
House
File
2532
-
Introduced
HOUSE
FILE
2532
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HSB
598)
A
BILL
FOR
An
Act
relating
to
classroom
management
and
related
1
practitioner
preparation
procedures
for
reporting
alleged
2
classroom
violence
and
assaults,
to
corporal
punishment,
3
establishing
a
grant
program
and
fund
for
creation
of
4
therapeutic
classrooms,
providing
claims
reimbursement
5
to
schools
for
the
transportation
of
certain
students
to
6
therapeutic
classrooms,
making
appropriations,
and
including
7
effective
date
provisions.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
256.9,
Code
2020,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
60.
Develop,
establish,
and
distribute
3
to
school
districts
evidence-based
standards,
guidelines,
and
4
expectations
for
the
appropriate
and
inappropriate
responses
5
to
behavior
in
the
classroom
that
presents
an
imminent
threat
6
of
bodily
injury
to
a
student
or
another
person
and
for
the
7
reasonable,
necessary,
and
appropriate
physical
restraint
8
of
a
student,
consistent
with
rules
adopted
by
the
state
9
board
pursuant
to
section
280.21.
The
director
shall
consult
10
with
the
area
education
agencies
to
create
comprehensive
and
11
consistent
standards
and
guidance
for
professional
development
12
relating
to
successfully
educating
individuals
in
the
least
13
restrictive
environment.
14
Sec.
2.
Section
256.16,
subsection
1,
paragraph
c,
Code
15
2020,
is
amended
to
read
as
follows:
16
c.
Include
in
the
professional
education
program,
17
preparation
that
contributes
to
the
education
of
students
18
with
disabilities
and
students
who
are
gifted
and
talented,
19
preparation
in
developing
and
implementing
individualized
20
education
programs
and
behavioral
intervention
plans,
21
preparation
for
educating
individuals
in
the
least
restrictive
22
environment
and
identifying
that
environment,
and
other
23
strategies
that
address
difficult
and
violent
student
24
behavior
and
improve
academic
engagement
and
achievement,
25
and
preparation
in
classroom
management
addressing
high-risk
26
behaviors
including
,
but
not
limited
to
,
behaviors
related
to
27
substance
abuse.
Preparation
required
under
this
paragraph
28
must
be
successfully
completed
before
graduation
from
the
29
practitioner
preparation
program.
30
Sec.
3.
NEW
SECTION
.
256.25
Therapeutic
classroom
incentive
31
grant
program
——
fund.
32
1.
The
department
shall
create
a
therapeutic
classroom
33
incentive
grant
program
to
provide
competitive
grants
to
school
34
districts
for
the
establishment
of
therapeutic
classrooms.
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2.
A
school
district,
which
may
collaborate
and
partner
1
with
one
or
more
school
districts,
area
education
agencies,
2
accredited
nonpublic
schools,
nonprofit
agencies,
and
3
institutions
that
provide
children’s
mental
health
services,
4
located
in
mental
health
and
disability
services
regions
5
providing
children’s
behavioral
health
services
in
accordance
6
with
chapter
331,
subchapter
III,
part
6,
may
apply
for
a
grant
7
under
this
program
to
establish
a
therapeutic
classroom
in
the
8
school
district
in
accordance
with
this
section.
9
3.
The
department
shall
develop
a
grant
application
10
and
selection
and
evaluation
criteria.
Selection
criteria
11
shall
include
a
method
for
prioritizing
grant
applications
12
submitted
by
school
districts
located
in
mental
health
and
13
disability
services
regions
providing
children’s
behavioral
14
health
services
in
accordance
with
chapter
331,
subchapter
III,
15
part
6,
with
those
proposing
to
serve
the
most
students
given
16
highest
priority.
17
4.
a.
The
department
may
disburse
moneys
contained
in
18
the
therapeutic
classroom
incentive
fund
as
grants
to
school
19
districts
for
the
establishment
of
therapeutic
classrooms.
20
b.
The
total
amount
of
funding
awarded
for
the
establishment
21
of
therapeutic
classrooms
for
a
fiscal
year
shall
not
exceed
22
an
amount
equivalent
to
the
state
cost
per
pupil
multiplied
by
23
weighting
of
one
and
one-half
pupil
calculated
for
one
hundred
24
fifty
pupils.
25
c.
Grant
awards
shall
be
made
for
the
establishment
of
26
therapeutic
classrooms
with
one
to
five
pupils,
classrooms
27
with
six
to
ten
pupils,
and
classrooms
with
eleven
to
fifteen
28
pupils.
29
d.
For
purposes
of
calculating
a
therapeutic
classroom
grant
30
award,
the
department
shall
determine
grant
awards
based
on
the
31
following:
32
(1)
For
classrooms
with
one
to
five
pupils,
using
the
state
33
cost
per
pupil
multiplied
by
weighting
of
one
and
one-half
34
pupil
multiplied
by
five.
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(2)
For
classrooms
with
six
to
ten
pupils,
using
the
state
1
cost
per
pupil
multiplied
by
weighting
of
one
and
one-half
2
pupil
multiplied
by
ten.
3
(3)
For
classrooms
with
eleven
to
fifteen
pupils,
using
4
the
state
cost
per
pupil
multiplied
by
weighting
of
one
and
5
one-half
pupil
multiplied
by
fifteen.
6
e.
Grant
moneys
shall
be
distributed
after
December
31
but
7
before
the
start
of
the
school
calendar
for
start-up
costs
for
8
a
new
therapeutic
classroom
in
the
fall
semester.
9
5.
A
therapeutic
classroom
incentive
fund
is
established
10
in
the
state
treasury
under
the
control
of
the
department.
11
Moneys
credited
to
the
fund
are
appropriated
to
the
department
12
for
purposes
of
distributing
grants
under
this
section.The
13
department
may
accept
gifts,
grants,
bequests,
and
other
14
private
contributions,
as
well
as
state
or
federal
moneys,
15
for
deposit
in
the
fund.
Moneys
available
in
the
therapeutic
16
classroom
incentive
fund
for
a
fiscal
year
shall
be
distributed
17
as
grants
pursuant
to
this
section.
Notwithstanding
section
18
8.33,
moneys
in
the
fund
at
the
close
of
the
fiscal
year
shall
19
not
revert
but
shall
remain
available
for
expenditure
for
the
20
purposes
designated
for
subsequent
fiscal
years.
21
6.
Placement
of
a
child
requiring
special
education
under
22
chapter
256B
in
a
therapeutic
classroom,
whether
or
not
the
23
school
district
operating
such
classroom
receives
funds
under
24
this
section,
is
subject
to
the
provisions
of
chapter
256B,
25
to
the
administrative
rules
adopted
by
the
state
board
for
26
purposes
of
chapter
256B,
and
to
the
federal
Individuals
with
27
Disabilities
Education
Act,
20
U.S.C.
§1400
et
seq.,
and
shall
28
not
violate
such
laws,
rules,
or
regulations.
29
7.
For
purposes
of
this
section,
“therapeutic
classroom”
30
means
a
classroom
designed
for
the
purpose
of
providing
support
31
for
any
student
whose
emotional,
social,
or
behavioral
needs
32
interfere
with
the
student’s
ability
to
be
successful
in
the
33
current
educational
environment,
with
or
without
supports,
34
until
the
student
is
able
to
successfully
return
to
the
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student’s
current
education
environment,
with
or
without
1
supports,
including
but
not
limited
to
the
general
education
2
classroom.
3
Sec.
4.
NEW
SECTION
.
256.25A
Therapeutic
classroom
——
4
claims.
5
1.
If
the
general
assembly
appropriates
funds
to
the
6
department
for
the
payment
of
claims
for
costs
submitted
by
the
7
school
district
for
purposes
of
this
section,
a
school
district
8
may
submit
a
claim
for
reimbursement
for
services
provided
9
under
paragraphs
“a”
and
“b”
.
10
a.
A
school
district
that
provides
transportation
services
11
for
students
who
are
enrolled
in
the
school
district
or
in
an
12
accredited
nonpublic
school
located
within
the
boundaries
of
13
the
school
district,
who
have
not
been
assigned
a
weighting
14
under
section
256B.9,
but
who
are
assigned
to
a
therapeutic
15
classroom
that
is
located
more
than
thirty
miles
from
the
16
school
designated
for
attendance
or
accredited
nonpublic
school
17
and
is
operated
by
another
school
district
or
accredited
18
nonpublic
school
under
an
agreement
between
the
school
19
districts
or
between
a
school
district
and
an
accredited
20
nonpublic
school,
may
submit
claims
for
reimbursement
for
the
21
costs
of
providing
such
transportation.
22
b.
A
school
district
that
provides
a
therapeutic
classroom
23
to
students
enrolled
in
school
districts
or
accredited
24
nonpublic
schools
that
have
certain
individualized
education
25
programs
or
behavioral
intervention
plans,
may
submit
claims
26
for
reimbursement
for
students
assigned
to
such
a
classroom
who
27
are
not
assigned
a
weighting
under
section
256B.9,
subsection
28
1,
paragraph
“b”
,
“c”
,
or
“d”
,
and
for
pupils
for
whom
29
behavioral
intervention
plans
have
been
implemented.
30
2.
Nonpublic
school
students
assigned
to
a
therapeutic
31
classroom
under
subsection
1,
paragraph
“b”
,
shall
be
enrolled
32
in
a
school
district
as
shared-time
pupils
under
section
33
257.6,
subsection
1,
paragraph
“a”
,
subparagraph
(7),
in
order
34
for
the
school
district
to
submit
a
claim
for
reimbursement
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for
services
provided
to
such
students
under
subsection
1,
1
paragraph
“b”
.
2
3.
a.
The
department
shall
prorate
the
amount
of
claims
3
reimbursement
under
subsection
1,
paragraph
“a”
,
if
the
4
amount
of
reimbursement
claimed
for
all
school
districts
under
5
subsection
1,
paragraph
“a”
,
exceeds
five
hundred
thousand
6
dollars.
7
b.
The
department
shall
prorate
the
amount
of
claims
8
reimbursement
for
all
school
districts
under
subsection
1,
9
paragraph
“b”
,
if
the
amount
of
reimbursement
claimed
for
all
10
school
districts
under
subsection
1,
paragraph
“b”
,
exceeds
the
11
amount
appropriated
by
the
general
assembly
for
such
purpose.
12
4.
The
costs
of
providing
transportation
to
nonpublic
13
school
pupils
as
provided
in
this
section
shall
not
be
included
14
in
the
computation
of
district
cost
under
chapter
257,
but
15
shall
be
shown
in
the
budget
as
an
expense
from
miscellaneous
16
income.
Any
transportation
reimbursements
received
by
a
17
school
district
for
transporting
nonpublic
school
pupils
shall
18
not
affect
district
cost
limitations
of
chapter
257.
The
19
reimbursements
provided
in
this
section
are
miscellaneous
20
income
as
defined
in
section
257.2.
21
5.
a.
Claims
for
reimbursement
shall
be
made
to
the
22
department
by
the
school
district
providing
transportation
23
during
a
school
year
pursuant
to
subsection
1,
paragraph
“a”
.
A
24
claim
shall
not
exceed
the
average
transportation
costs
of
the
25
district
per
pupil
transported
except
as
otherwise
provided.
26
b.
Claims
submitted
under
this
section
shall
be
on
a
form
27
prescribed
by
the
department,
and
the
claim
shall
state
the
28
services
provided,
the
number
of
eligible
students
served,
and
29
the
actual
costs
incurred.
30
c.
By
June
15
of
each
year,
school
districts
with
eligible
31
claims
shall
submit
such
claims
to
the
department.
By
July
of
32
each
year,
the
department
shall
draw
warrants
payable
to
school
33
districts
which
have
established
claims.
34
6.
The
state
board
shall
adopt
rules
pursuant
to
chapter
17A
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to
administer
this
section.
1
7.
For
purposes
of
this
section,
“therapeutic
classroom”
2
means
the
same
as
defined
in
section
256.25,
subsection
7.
3
Sec.
5.
Section
256B.2,
subsection
2,
Code
2020,
is
amended
4
to
read
as
follows:
5
2.
a.
It
is
the
policy
of
this
state
to
require
school
6
districts
and
state-operated
educational
programs
to
provide
7
or
make
provision,
as
an
integral
part
of
public
education,
8
for
a
free
and
appropriate
public
education
sufficient
to
9
meet
the
needs
of
all
children
requiring
special
education.
10
This
chapter
is
not
to
be
construed
as
encouraging
separate
11
facilities
or
segregated
programs
designed
to
meet
the
needs
12
of
children
requiring
special
education
when
the
children
can
13
benefit
from
all
or
part
of
the
education
program
as
offered
14
by
the
local
school
district.
To
the
maximum
extent
possible,
15
children
Children
requiring
special
education
shall
,
consistent
16
with
the
least
restrictive
environment
requirements
under
the
17
federal
Individuals
with
Disabilities
Education
Act,
20
U.S.C.
18
§1400
et
seq.,
attend
regular
classes
and
shall
be
educated
19
with
children
who
do
not
require
special
education.
20
b.
(1)
Whenever
possible
appropriate
,
hindrances
to
21
learning
and
to
the
normal
functioning
of
children
requiring
22
special
education
within
the
regular
school
environment
shall
23
be
overcome
by
the
provision
of
special
aids
and
services
24
rather
than
by
separate
programs
for
those
in
need
of
special
25
education.
26
(2)
Special
classes,
separate
schooling,
or
other
removal
27
of
children
requiring
special
education
from
the
regular
28
educational
environment,
shall
occur
only
when,
and
to
29
the
extent
that
the
nature
or
severity
of
the
educational
30
disability
is
such,
that
education
in
regular
classes,
even
31
with
the
use
of
supplementary
aids
and
services,
cannot
be
32
accomplished
satisfactorily.
33
(3)
Individualized
education
programs
for
children
34
requiring
special
education
within
the
regular
school
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environment
and
behavioral
intervention
plans
shall
not
1
include
provisions
for
clearing
all
other
students
out
of
the
2
regular
classroom
in
order
to
calm
the
child
requiring
special
3
education
or
the
child
for
whom
a
behavioral
intervention
plan
4
has
been
implemented
except
as
provided
in
section
279.51A.
5
c.
For
those
children
who
cannot
adapt
to
the
regular
6
educational
or
home
living
conditions,
and
who
are
attending
7
facilities
under
chapters
263
,
269
,
and
270
,
upon
the
request
8
of
the
board
of
directors
of
an
area
education
agency,
the
9
department
of
human
services
shall
provide
residential
or
10
detention
facilities
and
the
area
education
agency
shall
11
provide
special
education
programs
and
services.
The
area
12
education
agencies
shall
cooperate
with
the
board
of
regents
to
13
provide
the
services
required
by
this
chapter
.
14
Sec.
6.
Section
257.6,
subsection
1,
paragraph
a,
15
subparagraph
(7),
Code
2020,
is
amended
to
read
as
follows:
16
(7)
A
student
attending
an
accredited
nonpublic
school
or
17
receiving
competent
private
instruction
under
chapter
299A
,
18
who
is
assigned
to
a
therapeutic
classroom
in
accordance
with
19
section
256.25A
or
is
participating
in
a
program
under
chapter
20
261E
,
shall
be
counted
as
a
shared-time
student
in
the
school
21
district
in
which
the
nonpublic
school
of
attendance
is
located
22
for
state
foundation
aid
purposes.
23
Sec.
7.
Section
257.16C,
subsection
2,
paragraph
d,
Code
24
2020,
is
amended
to
read
as
follows:
25
d.
A
school
district’s
transportation
cost
per
pupil
26
shall
be
determined
by
dividing
the
school
district’s
actual
27
transportation
cost
for
all
children
transported
in
all
school
28
buses
for
a
school
year
pursuant
to
section
285.1,
subsection
29
12
,
less
the
amount
amounts
received
for
transporting
nonpublic
30
school
pupils
under
section
sections
256.25
and
285.1
,
by
the
31
district’s
actual
enrollment
for
the
school
year,
excluding
32
the
shared-time
enrollment
for
the
school
year
as
defined
in
33
section
257.6
.
34
Sec.
8.
NEW
SECTION
.
279.51A
Classroom
environment
——
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behavioral
challenges
——
reports
of
violence
or
assault.
1
1.
A
classroom
teacher
may
clear
students
from
the
classroom
2
only
if
necessary
to
prevent
or
terminate
an
imminent
threat
of
3
bodily
injury
to
a
student
or
another
person
in
the
classroom.
4
2.
If
a
classroom
teacher
clears
all
other
students
from
the
5
classroom
in
accordance
with
subsection
1,
the
school
principal
6
shall,
by
the
end
of
the
school
day
if
possible
but
at
least
7
within
twenty-four
hours
after
the
incident
giving
rise
to
8
the
classroom
clearance,
notify
the
parents
or
guardians
of
9
all
students
assigned
to
the
classroom
that
was
cleared.
The
10
notification
shall
not
identify,
directly
or
indirectly,
any
11
students
involved
in
the
incident
giving
rise
to
the
classroom
12
clearance.
The
principal
of
the
school
shall
request
that
the
13
parent
or
guardian
of
the
student
whose
behavior
caused
the
14
classroom
clearance
meet
with
the
principal,
the
classroom
15
teacher,
and
other
staff
as
appropriate.
16
3.
If
the
student
whose
behavior
caused
the
classroom
17
clearance
has
an
individualized
education
program
or
a
18
behavioral
intervention
plan,
the
classroom
teacher
shall
call
19
for
and
be
included
in
a
review
and
potential
revision
of
20
the
student’s
individualized
education
program
or
behavioral
21
intervention
plan
by
the
student’s
individualized
education
22
program
team.
The
area
education
agency,
in
collaboration
23
with
the
school
district,
may,
when
the
parent
or
guardian
24
meets
with
the
individualized
education
program
team
during
25
the
reevaluation
of
the
student’s
individualized
education
26
program,
inform
the
parent
or
guardian
of
individual
or
family
27
counseling
services
available
in
the
area.
28
4.
A
classroom
teacher
employed
by
a
school
district
29
shall
report
any
alleged
incident
of
violence
or
assault
by
30
a
student
enrolled
in
the
school
to
the
principal
of
the
31
school.
After
two
or
more
such
incidents,
the
teacher
may
32
report
the
alleged
incidents
to
the
board
of
directors
of
33
the
school
district.
If
the
teacher
believes
the
threats
of
34
violence
or
assault
have
not
been
remedied
by
the
board
of
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directors
of
the
school
district,
the
teacher
may
appeal
the
1
school
board’s
decision,
or
lack
thereof,
to
the
state
board
2
of
education
as
provided
in
section
256.7,
subsection
6.
The
3
state
board
of
education
shall
determine,
based
on
the
facts,
4
whether
the
requested
relief
is
warranted
while
appropriately
5
weighing
the
educational
rights
of
any
students
involved.
The
6
provisions
of
sections
70A.29,
280.27,
and
613.21
shall
apply
7
to
the
appeal
and
any
reports
submitted
in
accordance
with
8
this
section.
After
the
second
separate
appeal
by
the
teacher
9
to
the
state
board
of
education,
a
warning
will
be
issued
to
10
the
superintendent
as
a
notice
and
to
the
administrator
in
11
question.
If
a
third
separate
appeal
is
submitted
to
the
state
12
board
of
education
pursuant
to
this
subsection,
the
state
board
13
shall
submit
its
findings
of
fact
to
the
board
of
educational
14
examiners,
which
shall
initiate
a
licensee
disciplinary
15
investigation
and
a
licensee
disciplinary
hearing
against
the
16
superintendent
and
the
administrator
in
question.
17
5.
Each
school
district
shall
report
to
the
department
18
of
education,
in
a
manner
prescribed
by
the
department,
an
19
annual
count
of
all
alleged
instances
of
violence
or
assault
20
by
a
student
in
a
school
building,
on
school
grounds,
or
21
at
a
school-sponsored
function,
and
any
time
a
student
22
is
referred
for
the
use
of
or
transfer
to
a
therapeutic
23
classroom.
The
report
shall
include
but
not
be
limited
to
24
demographic
information
including
but
not
limited
to
race,
25
gender,
national
origin,
age,
grade
level,
and
disability,
26
along
with
any
other
data
required
for
the
department
to
27
implement
the
federal
Elementary
and
Secondary
Education
Act,
28
as
amended
by
the
federal
Every
Student
Succeeds
Act,
Pub.
L.
29
No.
114-95.
The
department
shall
compile
and
summarize
the
30
reports,
categorized
by
alleged
behavior,
and
shall
submit
the
31
summary
to
the
general
assembly
by
November
1
annually.
A
32
teacher
or
administrator
who
submits
a
report
in
accordance
33
with
this
subsection
and
who
meets
the
requirements
of
section
34
280.27
or
section
613.21
shall
be
immune
from
civil
or
criminal
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liability
relating
to
such
action,
as
well
as
for
participating
1
in
any
administrative
or
judicial
proceeding
resulting
from
or
2
relating
to
the
report
pursuant
to
the
provisions
of
sections
3
280.27
and
613.21.
The
provisions
of
section
70A.29
shall
4
apply
to
a
teacher
or
administrator
who
submits
a
report
5
in
accordance
with
this
section
or
who
reports
an
incident
6
of
violence
or
assault
to
a
local
law
enforcement
agency.
7
Personal
information
regarding
a
student
in
a
report
submitted
8
pursuant
to
this
section
shall
be
kept
confidential
as
required
9
under
the
federal
Family
Educational
Rights
and
Privacy
Act,
20
10
U.S.C.
§1232g,
and
in
the
same
manner
as
personal
information
11
in
student
records
maintained,
created,
collected,
or
assembled
12
by
or
for
a
school
corporation
or
educational
institution
in
13
accordance
with
section
22.7,
subsection
1.
14
6.
For
purposes
of
this
section,
unless
the
context
15
otherwise
requires,
“bodily
injury”
means
physical
pain,
16
illness,
or
any
other
impairment
of
physical
condition.
17
Sec.
9.
Section
280.21,
subsection
1,
Code
2020,
is
amended
18
to
read
as
follows:
19
1.
An
employee
of
a
public
school
district,
accredited
20
nonpublic
school,
or
area
education
agency
shall
not
inflict,
21
or
cause
to
be
inflicted,
corporal
punishment
upon
a
student.
22
For
purposes
of
this
section
,
“corporal
punishment”
means
the
23
intentional
physical
punishment
of
a
student.
An
employee’s
24
physical
contact
with
the
body
of
a
student
shall
not
be
25
considered
corporal
punishment
if
,
in
the
opinion
of
a
26
reasonable
person
at
the
time
of
the
incident,
it
is
reasonable
27
and
necessary
under
the
circumstances
and
is
not
designed
or
28
intended
to
cause
pain
or
if
the
employee
uses
reasonable
29
force,
as
defined
under
section
704.1
,
for
the
protection
of
30
the
employee,
the
student,
or
other
students;
to
obtain
the
31
possession
of
a
weapon
or
other
dangerous
object
within
a
32
student’s
control;
or
for
the
protection
of
property.
The
33
department
state
board
of
education
shall
adopt
rules
under
34
chapter
17A
to
implement
this
section
.
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Sec.
10.
Section
280.21,
subsection
2,
unnumbered
paragraph
1
1,
Code
2020,
is
amended
to
read
as
follows:
2
A
school
employee
who,
in
the
reasonable
course
of
the
3
employee’s
employment
responsibilities,
comes
into
physical
4
contact
with
a
student
shall
be
granted
immunity
from
any
civil
5
or
criminal
liability
,
and
immunity
from
any
disciplinary
6
action
by
the
school
employee’s
employer
or
the
board
of
7
educational
examiners,
which
might
otherwise
be
incurred
or
8
imposed
as
a
result
of
such
physical
contact,
if
the
physical
9
contact
is
reasonable
under
the
circumstances
and
involves
any
10
of
the
following:
11
Sec.
11.
Section
280.21,
subsection
2,
Code
2020,
is
amended
12
by
adding
the
following
new
paragraphs:
13
NEW
PARAGRAPH
.
j.
Relocating
a
student
who
is
causing
a
14
severe
distraction
or
disturbance
that
is
detracting
from
the
15
educational
experience
of
other
students.
16
NEW
PARAGRAPH
.
k.
Relocating
a
student
who
is
not
17
responding
to
verbal
or
written
instructions
that
are
intended
18
to
change
the
immediate
behavior
of
the
student
or
relocating
a
19
student
who
is
exhibiting
passive
resistance
behaviors.
20
Sec.
12.
Section
280.21,
Code
2020,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
4.
To
prevail
in
a
disciplinary
action
23
alleging
a
violation
of
this
section
or
a
disciplinary
action
24
alleging
a
violation
of
a
related
school
policy,
the
party
25
bringing
the
action
shall
prove
the
violation
by
clear
and
26
convincing
evidence.
27
Sec.
13.
DEPARTMENT
OF
EDUCATION.
There
is
appropriated
28
from
the
general
fund
of
the
state
to
the
department
of
29
education
for
the
fiscal
year
beginning
July
1,
2020,
and
30
ending
June
30,
2021,
the
following
amount,
or
so
much
thereof
31
as
is
necessary,
to
be
used
for
the
purposes
designated:
32
For
developing,
establishing,
and
distributing
standards,
33
guidelines,
and
expectations
relating
to
behavior
in
the
34
classroom,
restraint
of
a
student,
and
professional
development
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relating
to
educating
individuals
in
the
least
restrictive
1
environment
in
accordance
with
section
256.9,
subsection
60,
2
as
enacted
by
this
Act:
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
500,000
4
Notwithstanding
section
8.33,
moneys
received
by
the
5
department
pursuant
to
this
section
that
remain
unencumbered
or
6
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
7
but
shall
remain
available
for
expenditure
for
the
purposes
8
specified
in
this
section
for
the
following
fiscal
year.
9
Sec.
14.
DEPARTMENT
OF
EDUCATION
——
THERAPEUTIC
CLASSROOM
10
INCENTIVE
FUND.
There
is
appropriated
from
the
general
fund
11
of
the
state
to
the
department
education
for
the
fiscal
year
12
beginning
July
1,
2020,
and
ending
June
30,
2021,
the
following
13
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
14
purposes
designated:
15
For
deposit
in
the
therapeutic
classroom
incentive
fund
16
established
pursuant
to
section
256.25,
as
enacted
by
this
Act:
17
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,582,650
18
Sec.
15.
DEPARTMENT
OF
EDUCATION
——
THERAPEUTIC
CLASSROOM
19
TRANSPORTATION
CLAIMS
REIMBURSEMENT.
There
is
appropriated
20
from
the
general
fund
of
the
state
to
the
department
of
21
education
for
the
fiscal
year
beginning
July
1,
2020,
and
22
ending
June
30,
2021,
the
following
amount,
or
so
much
thereof
23
as
is
necessary,
to
be
used
for
the
purposes
designated:
24
For
payment
of
school
district
claims
for
reimbursement
25
submitted
under
section
256.25A,
subsection
1,
paragraph
“a”,
26
as
enacted
by
this
Act:
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
500,000
28
Notwithstanding
section
8.33,
moneys
received
by
the
29
department
pursuant
to
this
section
that
remain
unencumbered
or
30
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
31
but
shall
remain
available
for
expenditure
for
the
purposes
32
specified
in
this
section
for
the
following
fiscal
year.
33
Sec.
16.
EMERGENCY
RULES.
The
state
board
of
education
and
34
board
of
educational
examiners
may
adopt
emergency
rules
under
35
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section
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
1
paragraph
“b”,
to
implement
the
provisions
of
this
Act
and
2
the
rules
shall
be
effective
immediately
upon
filing
unless
3
a
later
date
is
specified
in
the
rules.
Any
rules
adopted
4
in
accordance
with
this
section
shall
also
be
published
as
a
5
notice
of
intended
action
as
provided
in
section
17A.4.
6
Sec.
17.
EFFECTIVE
DATE.
The
following
takes
effect
July
7
1,
2021:
8
The
section
of
this
Act
amending
section
256.16,
subsection
9
1,
paragraph
“c”.
10
Sec.
18.
EFFECTIVE
DATE.
The
following,
being
deemed
of
11
immediate
importance,
take
effect
upon
enactment:
12
1.
The
section
of
this
Act
enacting
section
256.25.
13
2.
The
section
of
this
Act
relating
to
emergency
rules.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
classroom
management
by
providing
for
18
development
and
distribution
of
guidelines,
requiring
approved
19
practitioner
preparation
programs
to
include
preparation
20
relating
to
the
development
of
individualized
education
21
programs
(IEP)
and
to
positive
behavioral
interventions
22
and
other
strategies,
prohibiting
implementation
of
what
is
23
commonly
referred
to
as
a
classroom
clear
in
a
student’s
24
IEP,
establishing
a
therapeutic
classroom
incentive
grant
25
program
and
fund
under
the
control
of
the
department
of
26
education
to
provide
competitive
grants
to
school
districts
27
for
the
establishment
of
therapeutic
classrooms,
providing
28
for
the
submission
of
reports
of
alleged
violence
or
assaults
29
by
students
to
the
department
of
education
and
the
general
30
assembly,
making
changes
to
provisions
relating
to
corporal
31
punishment,
and
appropriating
moneys.
32
DEVELOPMENT
AND
DISTRIBUTION
OF
GUIDELINES.
The
bill
33
directs
the
director
of
the
department
of
education
to
34
develop
and
establish,
and
distribute
to
school
districts,
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evidence-based
standards,
guidelines,
and
expectations
for
1
responses
to
behavior
in
the
classroom
that
presents
an
2
imminent
threat
of
bodily
injury
to
a
student
or
another
3
person.
The
director
must
consult
with
the
area
education
4
agencies
to
create
comprehensive
and
consistent
standards
and
5
guidance
for
professional
development
relating
to
successfully
6
educating
individuals
in
the
least
restrictive
environment.
7
The
bill
defines
“bodily
injury”
as
physical
pain,
illness,
8
or
any
other
impairment
of
physical
condition.
The
bill
9
appropriates
$500,000
to
the
department
from
the
general
fund
10
of
the
state
for
FY
2020-2021
for
such
purposes
and
allows
the
11
moneys
to
carryover
for
the
following
fiscal
year.
12
PRACTITIONER
PREPARATION
REQUIREMENTS.
Approved
13
practitioner
preparation
programs
must
include
preparation
in
14
developing
and
implementing
IEPs
and
behavioral
intervention
15
plans,
preparation
for
educating
individuals
in
the
least
16
restrictive
environment,
and
other
strategies
to
address
17
difficult
and
violent
student
behavior
and
improve
academic
18
engagement
and
achievement.
This
provision
takes
effect
July
19
1,
2021.
20
THERAPEUTIC
CLASSROOM
INCENTIVE
GRANT
AND
FUND.
A
school
21
district,
which
may
collaborate
and
partner
with
one
or
22
more
school
districts,
area
education
agencies,
accredited
23
nonpublic
schools,
nonprofit
agencies,
and
institutions
that
24
provide
children’s
mental
health
services,
located
in
mental
25
health
and
disability
services
regions
providing
children’s
26
behavioral
health
services,
may
apply
for
a
grant
to
establish
27
a
therapeutic
classroom
in
the
school
district.
28
The
department
is
directed
to
develop
a
grant
application
29
and
selection
and
evaluation
criteria,
and
to
give
priority
to
30
grant
applications
submitted
by
school
districts
located
in
31
regions
providing
children’s
behavioral
health
services,
with
32
highest
priority
to
those
proposing
to
serve
the
most
students.
33
If
state,
federal,
or
private
moneys
deposited
in
the
34
therapeutic
classroom
incentive
fund
are
sufficient,
the
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department
of
education
may
issue
grants
to
school
districts
1
for
the
establishment
of
therapeutic
classrooms.
The
bill
2
appropriates
$1,582,650
to
the
fund.
Grant
moneys
shall
be
3
distributed
after
December
31
but
before
the
start
of
the
4
school
calendar
for
start-up
costs
for
a
new
therapeutic
5
classroom
in
the
fall
semester.
6
The
total
amount
of
funding
awarded
for
the
establishment
7
of
therapeutic
classrooms
for
a
fiscal
year
shall
not
exceed
8
an
amount
equivalent
to
the
state
cost
per
pupil
multiplied
by
9
weighting
of
1.5
pupils
calculated
for
150
pupils.
10
The
therapeutic
classroom
incentive
fund
is
established
11
in
the
state
treasury
under
the
control
of
the
department
of
12
education.
The
department
may
accept
gifts,
grants,
bequests,
13
and
other
private
contributions,
as
well
as
state
or
federal
14
moneys,
for
deposit
in
the
fund.
15
Placement
of
a
child
requiring
special
education
in
such
a
16
classroom
is
subject
to
the
state
board’s
rules
and
to
federal
17
law.
The
bill
defines
“therapeutic
classroom”.
Provisions
18
relating
to
the
therapeutic
classroom
incentive
grant
and
fund
19
take
effect
upon
enactment.
20
THERAPEUTIC
CLASSROOM
REIMBURSEMENT
CLAIMS.
Subject
to
an
21
appropriation
by
the
general
assembly,
the
bill
authorizes
22
school
districts
to
submit
claims
for
reimbursement
to
the
23
department
of
education
for
the
costs
of
providing
therapeutic
24
classrooms
for
school
district
and
accredited
nonpublic
school
25
students
enrolled
in
the
school
district
who
have
certain
IEPs
26
or
for
whom
behavior
intervention
plans
have
been
implemented;
27
and
for
the
costs
of
providing
transportation
services
for
28
students
who
are
enrolled
in
the
school
district
or
in
an
29
accredited
nonpublic
school
located
within
the
boundaries
of
30
the
school
district,
but
who
are
assigned
to
a
therapeutic
31
classroom
that
is
located
more
than
30
miles
from
the
school
32
designated
for
attendance
or
accredited
nonpublic
school
and
33
is
operated
by
another
school
district
or
accredited
nonpublic
34
school
under
an
agreement
between
the
school
districts
or
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between
a
school
district
and
an
accredited
nonpublic
school.
1
Claims
cannot
be
filed
for
transportation
services
for
2
students
who
are
not
assigned
weighting
under
Code
section
3
256B.9,
nor
can
claims
be
filed
for
the
costs
or
providing
4
therapeutic
classrooms
for
students
with
an
IEP
who
are
5
assigned
a
weighting
under
Code
section
256B.9,
subsection
1,
6
paragraph
“b”,
“c”,
or
“d”.
The
bill
describes
the
information
7
claims
must
include.
8
An
accredited
nonpublic
school
pupil
shall
be
enrolled
in
a
9
school
district
as
a
shared-time
pupil
for
the
school
district
10
to
be
eligible
to
submit
such
claims.
11
The
bill
appropriates
$500,000
from
the
general
fund
of
the
12
state
to
the
department
of
education
for
the
transportation
13
reimbursement
claims,
allows
the
moneys
to
carryover
to
the
14
following
fiscal
year,
and
established
conditions
for
which
the
15
department
must
prorate
the
amount
of
claims
reimbursement.
16
The
bill
makes
conforming
changes
relating
to
state
assistance
17
to
school
districts
for
transportation
costs.
18
CLASSROOM
CLEAR
REQUIREMENTS
——
APPEALS
AND
NOTIFICATIONS.
19
Though
an
IEP
developed
for
a
child
requiring
special
education
20
and
a
behavioral
intervention
plan
implemented
for
a
child
21
shall
not
include
provision
for
clearing
all
other
students
22
out
of
the
regular
classroom
in
order
to
calm
the
child,
a
23
classroom
teacher
may
clear
students
from
a
classroom
if
a
24
student’s
behavior
presents
an
immediate
danger
to
the
health
25
or
safety
of
persons
in
the
classroom.
If
a
teacher
clears
26
a
classroom
in
such
a
situation,
the
school
principal
must,
27
by
the
end
of
the
school
day
optimally
or
at
least
within
28
24
hours
of
the
incident,
notify
the
parents
or
guardians
of
29
all
students
assigned
to
the
classroom
of
the
action
taken
30
to
clear
the
classroom.
The
notification
shall
not
identify
31
the
student.
The
principal
of
the
school
shall
request
that
32
the
parent
or
guardian
of
the
student
whose
behavior
caused
33
the
classroom
clearance
meet
with
the
principal,
the
classroom
34
teacher,
and
other
staff
as
appropriate.
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If
the
student
has
an
IEP,
the
classroom
teacher
shall
call
1
for
and
be
included
in
a
review
and
potential
revision
of
the
2
student’s
IEP
or
by
the
student’s
IEP
team.
When
the
student’s
3
parent
or
guardian
meets
with
the
team,
the
area
education
4
agency,
in
collaboration
with
the
school
district
may
inform
5
the
parent
or
guardian
of
locally
available
individual
or
6
family
counseling
services.
7
A
classroom
teacher
must
report
any
alleged
incident
of
8
violence
or
assault
by
a
student
to
the
principal.
After
two
9
or
more
such
incidents,
the
teacher
may
report
the
alleged
10
incidents
to
the
school
board.
If
the
teacher
believes
the
11
threats
of
violence
or
assault
have
not
been
remedied
by
12
the
school
board,
the
teacher
may
appeal
the
school
board’s
13
decision,
or
lack
thereof,
to
the
state
board
of
education.
14
The
state
board
shall
determine,
based
on
the
facts,
whether
15
the
requested
relief
is
warranted
while
appropriately
weighing
16
the
educational
rights
of
any
students
involved.
Immunity
and
17
whistleblower
protections
apply
to
the
appeal
and
any
reports
18
submitted.
After
the
second
separate
appeal
by
the
teacher
to
19
the
state
board,
a
warning
will
be
issued
to
the
superintendent
20
as
a
notice
and
to
the
administrator
in
question.
If
a
third
21
separate
appeal
is
submitted,
the
state
board
shall
submit
22
its
findings
of
fact
to
the
board
of
educational
examiners,
23
which
must
initiate
a
licensee
disciplinary
investigation
and
a
24
licensee
disciplinary
hearing
against
the
superintendent
and
25
the
administrator
in
question.
26
REPORTS
OF
ALLEGED
INSTANCES
OF
VIOLENCE
OR
ASSAULT.
Each
27
school
district
shall
report
to
the
department
of
education,
28
in
a
manner
prescribed
by
the
department,
an
annual
count
of
29
all
alleged
instances
of
violence
or
assault
by
a
student
in
a
30
school
building,
on
school
grounds,
or
at
a
school-sponsored
31
function,
and
any
time
a
student
is
referred
for
the
use
of
32
or
transfer
to
a
therapeutic
classroom.
The
bill
describes
33
the
information
the
report
must
include,
and
requires
that
34
the
department
summarize
the
reports
and
submit
the
summary
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to
the
general
assembly
by
November
1
annually.
A
teacher
1
or
administrator
who
submits
such
a
report
and
meets
certain
2
statutory
requirements
is
immune
from
civil
or
criminal
3
liability
and
reprisals
against
such
teacher
or
administrator
4
are
prohibited.
Personal
information
regarding
a
student
in
5
such
a
report
is
confidential.
6
CORPORAL
PUNISHMENT.
The
bill
also
adds
to
exemptions
under
7
the
statutory
provisions
relating
to
corporal
punishment
of
a
8
student,
provides
circumstances
under
which
a
school
employee
9
shall
be
granted
immunity
from
civil
and
criminal
liability,
10
and
immunity
from
disciplinary
action
by
the
employer
or
the
11
board
of
educational
examiners,
which
results
from
reasonable
12
and
necessary
physical
contact
with
a
student,
and
establishes
13
an
evidentiary
standard
for
a
disciplinary
action.
14
Under
the
bill,
if
an
employee’s
physical
contact
with
the
15
body
of
a
student
meets
current
statutory
requirements
and
16
is
reasonable
and
necessary
under
the
circumstances
in
the
17
opinion
of
a
reasonable
person
at
the
time
of
the
incident,
the
18
physical
contact
shall
not
be
considered
corporal
punishment.
19
To
the
current
circumstances
under
which
a
school
employee
20
shall
be
granted
immunity,
the
bill
adds
relocating
a
student
21
who
is
causing
a
severe
distraction
or
disturbance
that
is
22
detracting
from
the
educational
experience
of
other
students,
23
and
relocating
a
student
who
is
not
responding
to
verbal
or
24
written
instructions
that
are
intended
to
change
the
immediate
25
behavior
of
the
student
or
relocating
a
student
who
is
26
exhibiting
passive
resistance
behaviors.
27
To
prevail
in
a
disciplinary
action
alleging
violation
of
28
the
corporal
punishment
provisions
or
a
related
school
policy,
29
the
bill
provides
that
the
party
bringing
the
action
must
prove
30
the
violation
by
clear
and
convincing
evidence.
31
EMERGENCY
RULEMAKING
AUTHORITY.
The
bill
authorizes
the
32
state
board
of
education
to
adopt
emergency
rules
to
implement
33
the
bill.
This
provision
takes
effect
upon
enactment.
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