Bill Text: IA HF509 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the employment rights of public school employees and officials relating to student exercise of free expression in public schools and providing remedies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-15 - Introduced, referred to Labor. H.J. 389. [HF509 Detail]
Download: Iowa-2021-HF509-Introduced.html
House
File
509
-
Introduced
HOUSE
FILE
509
BY
KONFRST
A
BILL
FOR
An
Act
relating
to
the
employment
rights
of
public
school
1
employees
and
officials
relating
to
student
exercise
of
free
2
expression
in
public
schools
and
providing
remedies.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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509
Section
1.
Section
280.22,
subsections
4
and
5,
Code
2021,
1
are
amended
to
read
as
follows:
2
4.
Each
board
of
directors
of
a
public
school
shall
adopt
3
rules
in
the
form
of
a
written
publications
code,
which
shall
4
include
reasonable
provisions
for
the
time,
place,
and
manner
5
of
conducting
such
activities
within
its
jurisdiction.
The
6
code
shall
incorporate
all
of
the
provisions
of
this
section.
7
The
board
shall
make
the
code
available
to
the
students
and
8
their
parents.
9
5.
Student
editors
of
official
school
publications
shall
10
assign
and
edit
the
news,
editorial,
and
feature
content
of
11
their
publications
subject
to
the
limitations
of
this
section
.
12
Journalism
advisers
of
students
producing
official
school
13
publications
shall
supervise
maintain
the
production
of
the
14
student
staff
,
in
order
to
maintain
professional
standards
of
15
English
and
journalism
,
and
to
comply
with
this
section
.
16
Sec.
2.
Section
280.22,
Code
2021,
is
amended
by
adding
the
17
following
new
subsections:
18
NEW
SUBSECTION
.
6A.
A
public
school
employee
or
official
19
shall
not
be
dismissed,
suspended,
disciplined,
reassigned,
20
transferred,
subject
to
termination
or
nonrenewal
of
a
teaching
21
contract
issued
under
section
279.13
or
an
extracurricular
22
contract
issued
under
section
279.19A,
or
otherwise
retaliated
23
against
for
acting
to
protect
a
student
for
engaging
in
conduct
24
authorized
under
this
section,
or
refusing
to
infringe
upon
25
student
conduct
that
is
protected
by
this
section,
the
first
26
amendment
to
the
Constitution
of
the
United
States,
or
Article
27
I,
section
7,
of
the
Constitution
of
the
State
of
Iowa.
28
NEW
SUBSECTION
.
6B.
An
aggrieved
person
may
seek
injunctive
29
or
declaratory
relief
in
a
civil
action
arising
out
of
this
30
section.
Such
an
action
shall
not
expire
upon
a
student’s
31
graduation
if
a
student
is
a
plaintiff
and
the
grounds
for
the
32
action
occurred
while
the
student
was
enrolled
in
a
public
33
school.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
Code
section
280.22
provides
that
public
school
students
3
have
the
right
to
exercise
freedom
of
speech,
including
the
4
right
of
expression
in
official
school
publications,
with
5
exceptions
for
materials
that
are
obscene,
libelous,
or
6
slanderous,
or
encourage
students
to
commit
unlawful
acts,
7
violate
lawful
school
regulations,
or
cause
the
material
8
and
substantial
disruption
of
the
orderly
operation
of
the
9
school.
Prior
restraint
of
permitted
materials
is
prohibited.
10
Expression
made
by
students
in
the
exercise
of
free
speech
11
shall
not
be
deemed
to
be
an
expression
of
school
policy,
and
a
12
public
school
is
not
liable
for
such
expression.
13
This
bill
provides
that
a
public
school
employee
or
official
14
shall
not
be
dismissed,
suspended,
disciplined,
reassigned,
15
transferred,
subject
to
termination
or
nonrenewal
of
a
16
teaching
contract
or
an
extracurricular
contract,
or
otherwise
17
retaliated
against
for
acting
to
protect
a
student
for
engaging
18
in
conduct
authorized
under
Iowa
law
pertaining
to
freedom
of
19
expression
of
public
school
students,
or
refusing
to
infringe
20
upon
student
conduct
that
is
protected
by
such
Iowa
law,
the
21
first
amendment
to
the
Constitution
of
the
United
States,
or
22
Article
I,
section
7,
of
the
Constitution
of
the
State
of
Iowa.
23
The
bill
modifies
a
requirement
that
journalism
advisers
24
of
students
producing
official
school
publications
supervise
25
the
production
of
the
student
staff
to
instead
require
that
26
advisors
maintain
the
production
of
the
student
staff.
27
The
bill
provides
that
the
written
publications
code
that
28
each
school
board
is
required
to
adopt
under
Code
section
29
280.22
shall
incorporate
all
of
the
provisions
of
that
Code
30
section.
31
The
bill
provides
that
an
aggrieved
person
may
seek
32
injunctive
or
declaratory
relief
in
a
civil
action
arising
out
33
of
Code
section
280.22.
Such
an
action
shall
not
expire
upon
34
a
student’s
graduation
if
a
student
is
a
plaintiff
and
the
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