Bill Text: IA SF323 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act establishing conditions under which a licensed teacher may remove a student from the teacher’s assigned classroom, and including administrative protections and immunity from civil and criminal liability.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-22 - Subcommittee recommends amendment and passage. [SF323 Detail]

Download: Iowa-2017-SF323-Introduced.html

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Senate File 323 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN

                                      A BILL FOR

  1 An Act establishing conditions under which a licensed teacher
  2    may remove a student from the teacher's assigned classroom,
  3    and including administrative protections and immunity from
  4    civil and criminal liability.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2490XS (2) 87
    kh/jh

PAG LIN



  1  1    Section 1.  Section 280.27, Code 2017, is amended to read as
  1  2 follows:
  1  3    280.27  Reporting violence == removing students ==== protections
  1  4 ==== immunity.
  1  5    1.  An employee of a school district, an accredited nonpublic
  1  6 school, or an area education agency who participates in good
  1  7 faith and acts reasonably in the making of a report to, or
  1  8 investigation by, an appropriate person or agency regarding
  1  9 violence, threats of violence, physical or sexual abuse of
  1 10 a student, or other inappropriate activity against a school
  1 11 employee or student in a school building, on school grounds,
  1 12 or at a school=sponsored function shall be immune from civil
  1 13 or criminal liability relating to such action, as well as for
  1 14 participating in any administrative or judicial proceeding
  1 15 resulting from or relating to the report or investigation.
  1 16    2.  A teacher who is licensed under chapter 272 and employed
  1 17 by a school district, an accredited nonpublic school, or
  1 18 an area education agency may temporarily or permanently
  1 19 remove from the teacher's assigned classroom a student who is
  1 20 continuously or extremely disruptive in the teacher's assigned
  1 21 classroom. The teacher shall immediately submit written
  1 22 notice of such action, including a statement describing the
  1 23 incident, to the school administrator and to the president
  1 24 of the board or the authorities in charge of the school,
  1 25 as appropriate. The teacher shall not be disciplined or
  1 26 placed on administrative leave solely for removing a student
  1 27 from the teacher's assigned classroom in accordance with
  1 28 this subsection. At the request of the teacher, the school
  1 29 district, school, or area education agency shall either
  1 30 reassign the student to a different classroom or to a different
  1 31 teacher or shall provide educational services to the student
  1 32 in an alternative setting. A teacher who reasonably and in
  1 33 good faith removes a student from the teacher's assigned
  1 34 classroom and submits notice of the incident in accordance
  1 35 with this subsection shall be immune from civil or criminal
  2  1 liability relating to the incident, and to participation in
  2  2 any administrative or judicial proceeding resulting from or
  2  3 relating to the incident.
  2  4                           EXPLANATION
  2  5 The inclusion of this explanation does not constitute agreement with
  2  6 the explanation's substance by the members of the general assembly.
  2  7    This bill authorizes a licensed teacher who is employed by
  2  8 a school district, an accredited nonpublic school, or an area
  2  9 education agency to temporarily or permanently remove from the
  2 10 teacher's assigned classroom a student who is continuously
  2 11 or extremely disruptive in the teacher's assigned classroom,
  2 12 and provides protections from administrative discipline and
  2 13 immunity from civil or criminal liability for such action.
  2 14    The teacher must immediately submit written notice of such
  2 15 action, including a statement describing the incident, to the
  2 16 school administrator and to the president of the board or the
  2 17 authorities in charge of the school, as appropriate. The
  2 18 teacher shall not be disciplined or placed on administrative
  2 19 leave solely for removing a student from the classroom.
  2 20    At the request of the teacher, the student shall be
  2 21 reassigned to a different classroom or to a different teacher
  2 22 or shall provide educational services to the student in an
  2 23 alternative setting. A teacher who reasonably and in good
  2 24 faith removes a student and submits notice of the incident
  2 25 is immune from civil or criminal liability relating to the
  2 26 incident and to participation in any administrative or judicial
  2 27 proceeding resulting from or relating to the incident.
       LSB 2490XS (2) 87
       kh/jh