Bill Text: IA SF2288 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act pertaining to immunity from civil or criminal liability for acts of corporal punishment in schools. (Formerly SSB 3075.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-03-02 - Amendment S-5040 filed. S.J. 485. [SF2288 Detail]
Download: Iowa-2019-SF2288-Introduced.html
Senate
File
2288
-
Introduced
SENATE
FILE
2288
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3075)
A
BILL
FOR
An
Act
pertaining
to
immunity
from
civil
or
criminal
liability
1
for
acts
of
corporal
punishment
in
schools.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5949SV
(1)
88
je/jh
S.F.
2288
Section
1.
Section
280.21,
subsection
1,
Code
2020,
is
1
amended
to
read
as
follows:
2
1.
An
employee
or
volunteer
of
a
public
school
district,
3
accredited
nonpublic
school,
or
area
education
agency
shall
not
4
inflict,
or
cause
to
be
inflicted,
corporal
punishment
upon
a
5
student.
For
purposes
of
this
section
,
“corporal
punishment”
6
means
the
intentional
physical
punishment
of
a
student.
An
7
employee’s
or
volunteer’s
physical
contact
with
the
body
of
8
a
student
shall
not
be
considered
corporal
punishment
if
it
9
is
reasonable
and
necessary
under
the
circumstances
and
is
10
not
designed
or
intended
to
cause
pain
or
if
the
employee
11
or
volunteer
uses
reasonable
force,
as
defined
under
section
12
704.1
,
for
the
protection
of
the
employee
or
volunteer
,
the
13
student,
or
other
students;
to
obtain
the
possession
of
a
14
weapon
or
other
dangerous
object
within
a
student’s
control;
or
15
for
the
protection
of
property.
The
department
of
education
16
shall
adopt
rules
to
implement
this
section
.
17
Sec.
2.
Section
280.21,
subsection
2,
unnumbered
paragraph
18
1,
Code
2020,
is
amended
to
read
as
follows:
19
A
school
employee
who,
in
the
reasonable
course
of
the
20
employee’s
employment
responsibilities,
or
a
school
volunteer
21
who,
in
the
reasonable
course
of
the
school
volunteer’s
22
volunteer
responsibilities,
comes
into
physical
contact
with
a
23
student
shall
be
granted
immunity
from
any
civil
or
criminal
24
liability
which
might
otherwise
be
incurred
or
imposed
as
a
25
result
of
such
physical
contact,
if
the
physical
contact
is
26
reasonable
under
the
circumstances
and
involves
the
following:
27
Sec.
3.
Section
280.21,
Code
2020,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
2A.
If
a
school
employee
or
school
30
volunteer
is
granted
immunity
from
any
civil
or
criminal
31
liability
as
provided
in
subsection
2,
the
school
district,
32
board
of
directors
of
the
school
district,
or
authorities
in
33
charge
of
the
accredited
nonpublic
school
shall
also
be
granted
34
immunity
from
any
civil
or
criminal
liability
to
the
same
35
-1-
LSB
5949SV
(1)
88
je/jh
1/
3
S.F.
2288
extent
as
the
school
employee
or
school
volunteer.
1
Sec.
4.
Section
280.21,
subsection
3,
Code
2020,
is
amended
2
to
read
as
follows:
3
3.
To
prevail
in
a
civil
action
alleging
a
violation
4
of
this
section
,
the
party
bringing
the
action
shall
prove
5
the
violation
by
clear
and
convincing
evidence.
Any
school
6
employee
,
school
volunteer,
school
district,
board
of
directors
7
of
a
school
district,
or
authorities
in
charge
of
an
accredited
8
nonpublic
school
determined
in
a
civil
action
to
have
been
9
wrongfully
accused
under
this
section
shall
be
awarded
10
reasonable
monetary
damages,
including
attorney
fees,
in
light
11
of
the
circumstances
involved,
against
the
party
bringing
the
12
action.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
Current
law
governing
corporal
punishment
in
schools
17
prohibits
an
employee
of
a
public
school
district,
accredited
18
nonpublic
school,
or
area
education
agency
from
inflicting
19
corporal
punishment
upon
a
student.
“Corporal
punishment”
is
20
defined
as
the
intentional
physical
punishment
of
a
student.
21
Current
law
specifies
circumstances
in
which
an
employee’s
22
physical
contact
with
the
body
of
a
student
shall
not
be
23
considered
corporal
punishment.
Current
law
also
provides
24
that
a
school
employee
who,
in
the
reasonable
course
of
the
25
employee’s
employment
responsibilities,
comes
into
physical
26
contact
with
a
student
shall
be
granted
immunity
from
any
27
civil
or
criminal
liability
which
might
otherwise
be
incurred
28
or
imposed
as
a
result
of
such
physical
contact,
if
the
29
physical
contact
is
reasonable
under
the
circumstances
and
30
involves
various
specified
acts.
This
bill
applies
the
same
31
prohibitions,
responsibilities,
and
immunity
to
a
school
32
volunteer.
33
The
bill
provides
that
if
a
school
employee
or
school
34
volunteer
is
granted
immunity
from
any
civil
or
criminal
35
-2-
LSB
5949SV
(1)
88
je/jh
2/
3
S.F.
2288
liability
in
this
way,
the
school
district,
board
of
directors
1
of
the
school
district,
or
authorities
in
charge
of
the
2
accredited
nonpublic
school
shall
also
be
granted
immunity
3
from
any
civil
or
criminal
liability
to
the
same
extent
as
the
4
school
employee
or
school
volunteer.
5
Current
law
provides
that
any
school
employee
determined
in
6
a
civil
action
to
have
been
wrongfully
accused
of
violating
7
state
law
on
corporal
punishment
in
schools
shall
be
awarded
8
reasonable
monetary
damages,
in
light
of
the
circumstances
9
involved,
against
the
party
bringing
the
action.
The
bill
10
applies
this
provision
to
a
school
volunteer,
the
school
11
district,
board
of
directors
of
the
school
district,
or
12
authorities
in
charge
of
the
accredited
nonpublic
school
as
13
well.
The
bill
provides
that
reasonable
monetary
damages
14
include
attorney
fees.
15
-3-
LSB
5949SV
(1)
88
je/jh
3/
3