Bill Text: IA HF604 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating 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. (Formerly HSB 206.) Effective date: 07/01/2023.
Spectrum: Committee Bill
Status: (Passed) 2023-05-26 - Signed by Governor. H.J. 1041. [HF604 Detail]
Download: Iowa-2023-HF604-Enrolled.html
House
File
604
-
Enrolled
House
File
604
AN
ACT
RELATING
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:
House
File
604,
p.
2
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
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
House
File
604,
p.
3
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
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
House
File
604,
p.
4
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.
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
House
File
604,
p.
5
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
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
House
File
604,
p.
6
section
with
the
initial
employment
contract
and
with
each
notice
of
renewal
of
the
employment
contract.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
604,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor