Bill Text: IA HSB206 | 2023-2024 | 90th General Assembly | Introduced
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, modifying the responsibilities of school districts, accredited nonpublic schools, and charter schools, and authorizing teachers employed by school districts, accredited nonpublic schools, or charter schools to remove disruptive students from the classroom.(See HF 604.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-03-03 - Committee report approving bill, renumbered as HF 604. [HSB206 Detail]
Download: Iowa-2023-HSB206-Introduced.html
House
Study
Bill
206
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
WHEELER)
A
BILL
FOR
An
Act
relating
to
education,
including
authorizing
the
1
ombudsman
to
investigate
complaints
received
by
individuals
2
who
hold
a
license,
certificate,
authorization,
or
statement
3
of
recognition
issued
by
the
board
of
educational
examiners,
4
modifying
the
responsibilities
of
school
districts,
5
accredited
nonpublic
schools,
and
charter
schools,
6
and
authorizing
teachers
employed
by
school
districts,
7
accredited
nonpublic
schools,
or
charter
schools
to
remove
8
disruptive
students
from
the
classroom.
9
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
2C.9,
Code
2023,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
Investigate,
on
complaint,
any
3
complaint
received
by
an
individual
who
holds
a
license,
4
certificate,
authorization,
or
statement
of
recognition
issued
5
by
the
board
of
educational
examiners
related
to
violence
in
6
the
classroom,
on
school
property,
and
any
other
violations
of
7
state
law.
The
ombudsman
shall
maintain
secrecy
in
respect
to
8
the
identities
of
the
complainants.
9
Sec.
2.
Section
256E.7,
subsection
2,
Code
2023,
is
amended
10
by
adding
the
following
new
paragraphs:
11
NEW
PARAGRAPH
.
0j.
Be
subject
to
and
comply
with
the
12
requirements
of
section
280.33
relating
to
notifications
to
13
the
parents
or
guardians
of
a
student
in
the
event
a
classroom
14
teacher
witnesses
the
student
suffer
a
bodily
injury
in
the
15
same
manner
as
a
school
district.
16
NEW
PARAGRAPH
.
00j.
Be
subject
to
and
comply
with
the
17
requirements
of
section
280.34
relating
to
prohibiting
18
retaliation
against
employees
or
contractors
for
disclosing
19
certain
specified
information
in
the
same
manner
as
a
school
20
district.
21
NEW
PARAGRAPH
.
000j.
Be
subject
to
and
comply
with
the
22
requirements
of
section
280.35
relating
to
the
removal
of
23
disruptive
students
from
the
classroom
in
the
same
manner
as
24
a
school
district.
25
Sec.
3.
NEW
SECTION
.
279.77
Professional
development
——
26
notification.
27
If
a
school
district
requires
an
employee
to
participate
28
in
a
particular
professional
development
program,
the
school
29
district
shall
provide
notice
to
the
employee
indicating
the
30
section
of
the
Code,
or
rules
adopted
by
the
state
board
of
31
education
or
the
board
of
educational
examiners,
the
school
32
district
determines
requires
the
employee
to
participate
in
33
the
professional
development
program.
For
purposes
of
this
34
section,
“professional
development
program”
means
the
same
as
35
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defined
in
section
272.1.
1
Sec.
4.
Section
280.21,
Code
2023,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
5.
A
public
school
district,
accredited
4
nonpublic
school,
or
area
education
agency
shall
provide
to
all
5
teachers
employed
by
the
public
school
district,
accredited
6
nonpublic
school,
or
area
education
agency
a
copy
of
this
7
section
after
entering
into
an
initial
contract
with
the
8
teacher
and
each
time
the
contract
is
renewed.
9
Sec.
5.
NEW
SECTION
.
280.33
Notice
to
parents
or
guardians
10
related
to
student
injuries.
11
A
teacher
employed
by
a
school
district
or
an
accredited
12
nonpublic
school
shall
notify
the
parent
or
guardian
of
a
13
student
enrolled
in
the
school
district
or
accredited
nonpublic
14
school
by
telephonic
means
within
twenty-four
hours
after
the
15
teacher
witnesses
the
student
suffer
a
bodily
injury.
16
Sec.
6.
NEW
SECTION
.
280.34
Retaliation
prohibition.
17
The
board
of
directors
of
a
school
district
or
the
18
authorities
in
charge
of
an
accredited
nonpublic
school
19
shall
not
take
any
disciplinary
action
against
an
employee
20
or
contractor
of
the
school
district
or
accredited
nonpublic
21
school
for
disclosing
information
to
any
public
official
22
or
law
enforcement
agency,
including
a
disclosure
to
the
23
ombudsman
pursuant
to
section
2C.9,
subsection
2A,
if
the
24
employee
or
contractor
reasonably
believes
the
information
25
evidences
a
violation
of
law
or
rule,
mismanagement,
a
gross
26
abuse
of
funds,
an
abuse
of
authority,
or
a
substantial
and
27
specific
danger
to
public
health
or
safety.
For
purposes
of
28
this
section,
“disciplinary
action”
includes
termination
of
29
employment
or
the
contractual
relationship,
suspension
from
30
employment,
demotion,
financial
penalties,
and
written
or
31
verbal
reprimands.
32
Sec.
7.
NEW
SECTION
.
280.35
Removal
of
disruptive
students
33
from
the
classroom.
34
1.
As
used
in
this
section:
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a.
“Administrator”
means
the
same
as
defined
in
section
1
272.1.
2
b.
“School
resource
officer”
means
the
same
as
defined
in
3
34
U.S.C.
§10389.
4
c.
“Teacher”
means
the
same
as
defined
in
section
272.1.
5
2.
A
teacher
employed
by
a
school
district
or
an
accredited
6
nonpublic
school
may
remove
a
disruptive
student
from
the
7
classroom
under
the
supervision
of
a
school
resource
officer
or
8
the
lead
administrator
located
in
the
attendance
center.
9
3.
a.
The
first
time
a
teacher
removes
a
disruptive
student
10
from
the
classroom
pursuant
to
subsection
2
in
a
semester,
or
11
the
trimester
or
quarter
equivalent,
the
school
district
or
12
accredited
nonpublic
school
shall
do
all
of
the
following:
13
(1)
Facilitate
a
counseling
session
between
the
student
14
and
a
school
counselor
licensed
by
the
board
of
educational
15
examiners
under
chapter
272.
16
(2)
Place
the
student
in
one
day
of
in-school
suspension
17
after
the
counseling
session
described
in
subparagraph
(1)
18
takes
place.
19
b.
The
second
time
a
teacher
removes
a
disruptive
student
20
from
the
classroom
pursuant
to
subsection
2
in
a
semester,
or
21
the
trimester
or
quarter
equivalent,
the
school
district
or
22
accredited
nonpublic
school
shall
do
all
of
the
following:
23
(1)
Facilitate
a
counseling
session
between
the
student
24
and
a
school
counselor
licensed
by
the
board
of
educational
25
examiners
under
chapter
272.
26
(2)
Place
the
student
in
five
consecutive
school
days
of
27
in-school
suspension
after
the
counseling
session
described
in
28
subparagraph
(1)
takes
place.
29
c.
The
third
time
a
teacher
removes
a
disruptive
student
30
from
the
classroom
pursuant
to
subsection
2
in
a
school
year,
31
the
school
district
or
accredited
nonpublic
school
shall
32
permanently
expel
the
student
from
the
teacher’s
class
and,
33
if
the
student
is
enrolled
in
grades
nine
through
twelve,
the
34
student
shall
not
receive
high
school
credit
for
the
class.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
education,
including
authorizing
the
4
ombudsman
to
investigate
complaints
received
by
individuals
5
who
hold
a
license,
certificate,
authorization,
or
statement
6
of
recognition
issued
by
the
board
of
educational
examiners,
7
modifying
the
responsibilities
of
school
districts,
accredited
8
nonpublic
schools,
and
charter
schools,
and
authorizing
9
teachers
employed
by
school
districts,
accredited
nonpublic
10
schools,
or
charter
schools
to
remove
disruptive
students
from
11
the
classroom.
12
The
bill
allows
the
ombudsman
to
investigate
any
complaint
13
received
by
an
individual
who
holds
a
license,
certificate,
14
authorization,
or
statement
of
recognition
issued
by
the
board
15
of
educational
examiners
(BOEE)
related
to
violence
in
the
16
classroom,
on
school
property,
and
any
other
violations
of
17
state
law.
The
ombudsman
must
maintain
secrecy
in
respect
to
18
the
identities
of
the
complainants.
19
The
bill
provides
that
if
a
school
district
requires
20
an
employee
to
participate
in
a
particular
professional
21
development
program,
the
school
district
is
required
to
provide
22
notice
to
the
employee
indicating
the
section
of
the
Code,
or
23
rules
adopted
by
the
state
board
of
education
or
the
BOEE,
24
that
the
school
district
determines
requires
the
employee
to
25
participate
in
the
professional
development
program.
26
Pursuant
to
Code
section
280.21,
an
employee
of
a
school
27
district,
accredited
nonpublic
school,
or
area
education
agency
28
is
prohibited
from
inflicting
corporal
punishment
upon
a
29
student.
Code
section
280.21
provides
that
physical
contact
30
with
a
student
that
is
reasonable
and
necessary
under
the
31
circumstances
and
that
is
not
designed
or
intended
to
cause
32
pain
is
not
corporal
punishment.
The
bill
requires
school
33
districts,
accredited
nonpublic
schools,
and
area
education
34
agencies
to
provide
to
all
teachers
a
copy
of
Code
section
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280.21
after
entering
into
an
initial
contract
with
the
teacher
1
and
each
time
the
contract
is
renewed.
2
The
bill
requires
a
teacher
employed
by
a
school
district,
3
accredited
nonpublic
school,
or
charter
school
to
notify
the
4
parent
or
guardian
of
a
student
enrolled
in
the
school
by
5
telephonic
means
within
24
hours
after
the
teacher
witnesses
6
the
student
suffer
a
bodily
injury.
7
The
bill
prohibits
school
districts,
accredited
nonpublic
8
schools,
and
charter
schools
from
taking
any
disciplinary
9
action
against
an
employee
or
a
contractor
for
disclosing
10
information
to
any
public
official
or
law
enforcement
agency
if
11
the
employee
or
contractor
reasonably
believes
the
information
12
evidences
a
violation
of
law
or
rule,
mismanagement,
a
gross
13
abuse
of
funds,
an
abuse
of
authority,
or
a
substantial
and
14
specific
danger
to
public
health
or
safety.
“Disciplinary
15
action”
includes
termination
of
employment
or
the
contractual
16
relationship,
suspension
from
employment,
demotion,
financial
17
penalties,
and
written
or
verbal
reprimands.
18
The
bill
allows
a
teacher
employed
by
a
school
district,
19
accredited
nonpublic
school,
or
charter
school
to
remove
a
20
disruptive
student
from
the
classroom
under
the
supervision
of
21
a
school
resource
officer
or
the
lead
administrator
located
22
in
the
attendance
center.
The
first
time
a
teacher
removes
a
23
disruptive
student
from
the
classroom
in
a
semester
the
school
24
is
required
to
facilitate
a
counseling
session
between
the
25
student
and
a
school
counselor
and
place
the
student
in
one
26
school
day
of
in-school
suspension
after
the
counseling
session
27
takes
place.
The
second
time
a
teacher
removes
a
disruptive
28
student
from
the
classroom
in
a
semester
the
school
is
required
29
to
facilitate
a
counseling
session
between
the
student
and
a
30
school
counselor
and
place
the
student
in
five
consecutive
31
school
days
of
in-school
suspension
after
the
counseling
32
session
takes
place.
The
third
time
a
teacher
removes
a
33
disruptive
student
from
the
classroom
in
a
school
year
the
34
school
is
required
to
permanently
expel
the
student
from
the
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