Senate
File
2044
-
Introduced
SENATE
FILE
2044
BY
DICKEY
A
BILL
FOR
An
Act
relating
to
school
employees
who
are
determined
to
have
1
been
wrongfully
accused
of
inflicting
corporal
punishment
2
upon
a
student.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5146XS
(1)
89
jda/jh
S.F.
2044
Section
1.
Section
280.21,
subsection
3,
Code
2022,
is
1
amended
to
read
as
follows:
2
3.
To
prevail
in
a
civil
action
alleging
a
violation
3
of
this
section
,
the
party
bringing
the
action
shall
prove
4
the
violation
by
clear
and
convincing
evidence.
Any
school
5
employee
determined
in
a
civil
action
to
have
been
wrongfully
6
accused
under
this
section
shall
be
awarded
reasonable
7
attorney
fees
and
reasonable
monetary
damages,
in
light
of
the
8
circumstances
involved,
against
the
party
bringing
the
action.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
school
employees
who
are
determined
to
13
have
been
wrongfully
accused
of
inflicting
corporal
punishment
14
upon
a
student.
15
Under
current
law,
an
employee
of
a
public
school
district,
16
accredited
nonpublic
school,
or
area
education
agency
is
17
prohibited
from
inflicting
corporal
punishment
upon
a
student.
18
Current
law
provides
exceptions
to
this
prohibition,
including
19
an
exception
for
physical
contact
with
a
student
that
is
20
reasonable
and
necessary
under
the
circumstances
and
is
not
21
designed
or
intended
to
cause
pain.
Current
law
authorizes
22
any
school
employee
determined
to
have
been
wrongfully
accused
23
of
inflicting
corporal
punishment
to
be
awarded
reasonable
24
monetary
damages,
in
light
of
the
circumstances
involved,
25
against
the
party
bringing
the
action.
The
bill
authorizes
26
any
school
employee
determined
in
a
civil
action
to
have
been
27
wrongfully
accused
of
inflicting
corporal
punishment
to
also
be
28
awarded
reasonable
attorney
fees.
29
-1-
LSB
5146XS
(1)
89
jda/jh
1/
1