Senate
File
2043
-
Introduced
SENATE
FILE
2043
BY
DICKEY
A
BILL
FOR
An
Act
prohibiting
certain
conduct
of
teachers
related
to
the
1
pledge
of
allegiance.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5152XS
(2)
89
jda/jh
S.F.
2043
Section
1.
NEW
SECTION
.
280.5A
Teacher
conduct
——
pledge
1
of
allegiance.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Disability”
means
the
same
as
defined
in
the
federal
5
Americans
with
Disabilities
Act
of
1990,
42
U.S.C.
§12101
et
6
seq.
7
b.
“School”
means
and
includes
public
school
districts,
8
charter
schools
established
pursuant
to
chapter
256E
or
257F,
9
and
accredited
nonpublic
schools
that
receive
any
moneys
from
10
the
state
or
that
are
served
by
a
school
tuition
organization.
11
c.
“School
tuition
organization”
means
the
same
as
defined
12
in
section
422.11S,
subsection
6.
13
2.
A
teacher
shall
not,
while
in
a
classroom
with
any
14
student
in
kindergarten
through
grade
twelve,
and
with
the
15
intent
to
politically
influence
the
student
or
students
in
16
the
classroom,
fail
to
do
any
of
the
following
during
the
17
recitation
of
the
pledge
of
allegiance:
18
a.
Recite
the
pledge
of
allegiance,
unless
a
documented
19
disability
prevents
the
teacher
from
reciting
the
pledge
of
20
allegiance.
21
b.
Stand
during
the
pledge
of
allegiance,
unless
a
22
documented
disability
prevents
the
teacher
from
standing
during
23
the
pledge
of
allegiance.
24
3.
A
teacher
shall
not,
while
in
a
classroom
with
any
25
student
in
kindergarten
through
grade
twelve,
speak
about
26
the
pledge
of
allegiance
in
any
manner
in
which
the
student
27
or
students
in
the
classroom
may
reasonably
understand
the
28
teacher’s
speech
to
be
any
of
the
following:
29
a.
An
unpatriotic
commentary
on
the
United
States.
30
b.
An
attempt
to
politically
influence
the
student
or
31
students.
32
4.
a.
In
the
case
of
a
teacher’s
first
violation
of
33
subsection
2
or
3,
the
school
that
employs
the
teacher
shall
34
do
all
of
the
following:
35
-1-
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5152XS
(2)
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1/
4
S.F.
2043
(1)
Provide
the
teacher
with
written
notice
of
the
teacher’s
1
violation.
The
notice
shall
be
in
writing
and
personally
2
delivered
or
mailed
by
certified
mail.
3
(2)
Provide
the
parents
and
guardians
of
students
enrolled
4
in
the
school
with
written
notice
of
the
teacher’s
violation.
5
The
notice
shall
be
in
writing
and
personally
delivered
or
6
mailed
by
certified
mail.
7
(3)
Provide
the
department
of
education
and
the
board
of
8
educational
examiners
with
notice
of
the
teacher’s
violation.
9
b.
In
the
case
of
a
teacher’s
second
violation
of
subsection
10
2
or
3,
the
school
that
employs
the
teacher
shall
do
all
of
the
11
following:
12
(1)
Provide
the
teacher
with
written
notice
of
the
teacher’s
13
violation.
The
notice
shall
be
in
writing
and
personally
14
delivered
or
mailed
by
certified
mail.
15
(2)
Suspend
the
teacher
for
one
week
without
pay.
16
(3)
Provide
the
parents
and
guardians
of
students
enrolled
17
in
the
school
with
written
notice
of
the
teacher’s
violation.
18
The
notice
shall
be
in
writing
and
personally
delivered
or
19
mailed
by
certified
mail.
20
(4)
Provide
the
department
of
education
and
the
board
of
21
educational
examiners
with
notice
of
the
teacher’s
violation.
22
c.
In
the
case
of
a
teacher’s
third
violation
of
subsection
23
2
or
3,
the
school
that
employs
the
teacher
shall
do
all
of
the
24
following:
25
(1)
Provide
the
teacher
with
written
notice
of
the
teacher’s
26
violation.
The
notice
shall
be
in
writing
and
personally
27
delivered
or
mailed
by
certified
mail.
28
(2)
Immediately
terminate
the
teacher’s
contract
with
the
29
school.
30
(3)
Provide
the
parents
and
guardians
of
students
enrolled
31
in
the
school
with
written
notice
of
the
teacher’s
violation.
32
The
notice
shall
be
in
writing
and
personally
delivered
or
33
mailed
by
certified
mail.
34
(4)
Provide
the
department
of
education
and
the
board
of
35
-2-
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5152XS
(2)
89
jda/jh
2/
4
S.F.
2043
educational
examiners
with
notice
of
the
teacher’s
violation.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
prohibits
certain
conduct
of
teachers
related
to
5
the
pledge
of
allegiance.
6
The
bill
defines
“disability”
by
reference
to
the
federal
7
Americans
with
Disabilities
Act
of
1990.
The
bill
defines
8
“school”
to
include
public
school
districts,
charter
schools,
9
and
accredited
nonpublic
schools
that
receive
any
moneys
from
10
the
state,
or
that
are
served
by
a
school
tuition
organization.
11
The
bill
defines
“school
tuition
organization”
to
mean
the
same
12
as
defined
in
Code
section
422.11S.
13
The
bill
prohibits
a
teacher,
while
in
a
classroom
with
14
any
students
in
kindergarten
through
grade
12,
and
with
the
15
intent
to
politically
influence
the
students,
from
failing
to
16
recite
the
pledge
of
allegiance
or
stand
during
the
pledge
of
17
allegiance,
unless
the
teacher
is
prevented
from
doing
so
by
a
18
documented
disability.
19
The
bill
also
prohibits
a
teacher,
while
in
a
classroom
with
20
any
students
in
kindergarten
through
grade
12,
from
speaking
21
about
the
pledge
of
allegiance
in
any
manner
in
which
the
22
students
may
reasonably
understand
the
teacher’s
speech
to
be
23
an
unpatriotic
commentary
on
the
United
States
or
an
attempt
to
24
politically
influence
the
students.
25
In
the
case
of
a
teacher’s
first
violation
of
the
bill’s
26
provisions,
the
bill
requires
the
school
to
provide
the
teacher
27
with
written
notice
of
the
violation,
provide
the
parents
and
28
guardians
of
students
enrolled
in
the
school
with
written
29
notice
of
the
teacher’s
violation,
and
provide
the
department
30
of
education
and
the
board
of
educational
examiners
with
31
notice
of
the
teacher’s
violation.
In
the
case
of
a
teacher’s
32
second
violation
of
the
bill’s
provisions,
the
bill
requires
33
the
school
to
provide
the
teacher
with
written
notice
of
the
34
teacher’s
violation,
suspend
the
teacher
for
one
week
without
35
-3-
LSB
5152XS
(2)
89
jda/jh
3/
4
S.F.
2043
pay,
provide
the
parents
and
guardians
of
students
enrolled
1
in
the
school
with
written
notice
of
the
teacher’s
violation,
2
and
provide
the
department
and
the
board
with
notice
of
the
3
teacher’s
violation.
The
bill
provides
that,
in
the
case
of
a
4
teacher’s
third
violation,
the
school
that
employs
the
teacher
5
shall
provide
the
teacher
with
written
notice
of
the
teacher’s
6
violation,
immediately
terminate
the
teacher’s
contract
with
7
the
school,
provide
the
parents
and
guardians
of
students
8
enrolled
in
the
school
with
written
notice
of
the
teacher’s
9
violation,
and
provide
the
department
and
the
board
with
notice
10
of
the
teacher’s
violation.
11
-4-
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5152XS
(2)
89
jda/jh
4/
4