Bill Text: IA SSB3080 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to classroom management and related practitioner preparation procedures for reporting alleged classroom violence and assaults, to corporal punishment, establishing a grant program and fund for creation of therapeutic classrooms, providing supplementary weighting for the transportation of certain students to therapeutic classrooms, making an appropriation, and including effective date provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-05 - Committee report approving bill, renumbered as SF 2190. [SSB3080 Detail]
Download: Iowa-2019-SSB3080-Introduced.html
Senate
Study
Bill
3080
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
SINCLAIR)
A
BILL
FOR
An
Act
relating
to
classroom
management
and
related
1
practitioner
preparation
procedures
for
reporting
alleged
2
classroom
violence
and
assaults,
to
corporal
punishment,
3
establishing
a
grant
program
and
fund
for
creation
of
4
therapeutic
classrooms,
providing
supplementary
weighting
5
for
the
transportation
of
certain
students
to
therapeutic
6
classrooms,
making
an
appropriation,
and
including
effective
7
date
provisions.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
9
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Section
1.
Section
256.9,
Code
2020,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
60.
Develop,
establish,
and
distribute
3
to
school
districts
standards,
guidelines,
and
expectations
4
for
the
appropriate
and
inappropriate
responses
to
behavior
5
in
the
classroom
that
presents
an
imminent
threat
of
bodily
6
injury
to
a
student
or
another
person
and
for
the
reasonable,
7
necessary,
and
appropriate
physical
restraint
of
a
student.
8
The
director
shall
consult
with
the
area
education
agencies
to
9
create
comprehensive
and
consistent
standards
and
guidance
for
10
professional
development
relating
to
successfully
educating
11
individuals
in
the
least
restrictive
environment.
12
Sec.
2.
Section
256.16,
subsection
1,
paragraph
c,
Code
13
2020,
is
amended
to
read
as
follows:
14
c.
Include
in
the
professional
education
program,
15
preparation
that
contributes
to
the
education
of
students
16
with
disabilities
and
students
who
are
gifted
and
talented,
17
preparation
in
developing
individualized
education
programs,
18
preparation
for
educating
individuals
in
the
least
restrictive
19
environment,
and
other
strategies
that
address
difficult
and
20
violent
student
behavior
and
improve
academic
engagement
and
21
achievement,
and
preparation
in
classroom
management
addressing
22
high-risk
behaviors
including
,
but
not
limited
to
,
behaviors
23
related
to
substance
abuse.
Preparation
required
under
this
24
paragraph
must
be
successfully
completed
before
graduation
from
25
the
practitioner
preparation
program.
26
Sec.
3.
NEW
SECTION
.
256.25
Therapeutic
classroom
incentive
27
grant
program
——
fund.
28
1.
The
department
shall
create
a
therapeutic
classroom
29
incentive
grant
program
to
provide
competitive
grants
to
school
30
districts
for
the
establishment
of
therapeutic
classrooms.
31
2.
A
school
district,
which
may
collaborate
and
partner
32
with
one
or
more
school
districts,
area
education
agencies,
33
and
accredited
nonpublic
schools
located
in
mental
health
and
34
disability
services
regions
providing
children’s
behavioral
35
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health
services
in
accordance
with
chapter
331,
subchapter
III,
1
part
6,
may
apply
for
a
grant
under
this
program
to
establish
a
2
therapeutic
classroom
in
the
school
district
in
accordance
with
3
this
section.
4
3.
The
department
shall
develop
a
grant
application
5
and
selection
and
evaluation
criteria.
Selection
criteria
6
shall
include
a
method
for
prioritizing
grant
applications
7
submitted
by
school
districts
located
in
mental
health
and
8
disability
services
regions
providing
children’s
behavioral
9
health
services
in
accordance
with
chapter
331,
subchapter
III,
10
part
6,
with
those
proposing
to
serve
the
most
students
given
11
highest
priority.
12
4.
a.
The
department
may
disburse
moneys
contained
in
13
the
therapeutic
classroom
incentive
fund
as
grants
to
school
14
districts
for
the
establishment
of
therapeutic
classrooms.
15
b.
The
total
amount
of
funding
awarded
for
the
establishment
16
of
therapeutic
classrooms
for
a
fiscal
year
shall
not
exceed
17
an
amount
equivalent
to
the
state
cost
per
pupil
multiplied
by
18
weighting
of
one
and
one-half
pupil
calculated
for
one
hundred
19
fifty
pupils.
20
c.
Grant
awards
shall
be
made
for
the
establishment
of
21
therapeutic
classrooms
with
one
to
five
pupils,
classrooms
22
with
six
to
ten
pupils,
and
classrooms
with
eleven
to
fifteen
23
pupils.
24
d.
For
purposes
of
calculating
a
therapeutic
classroom
grant
25
award,
the
department
shall
determine
grant
awards
based
on
the
26
following:
27
(1)
For
classrooms
with
one
to
five
pupils,
using
the
state
28
cost
per
pupil
multiplied
by
weighting
of
one
and
one-half
29
pupil
multiplied
by
five.
30
(2)
For
classrooms
with
six
to
ten
pupils,
using
the
state
31
cost
per
pupil
multiplied
by
weighting
of
one
and
one-half
32
pupil
multiplied
by
ten.
33
(3)
For
classrooms
with
eleven
to
fifteen
pupils,
using
34
the
state
cost
per
pupil
multiplied
by
weighting
of
one
and
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one-half
pupil
multiplied
by
fifteen.
1
e.
Grant
moneys
shall
be
distributed
after
July
1
but
before
2
the
start
of
the
school
calendar
for
start-up
costs
for
a
new
3
therapeutic
classroom
in
the
fall
semester.
4
5.
A
therapeutic
classroom
incentive
fund
is
established
5
in
the
state
treasury
under
the
control
of
the
department.
6
The
department
may
accept
gifts,
grants,
bequests,
and
other
7
private
contributions,
as
well
as
state
or
federal
moneys,
8
for
deposit
in
the
fund.
Moneys
available
in
the
therapeutic
9
classroom
incentive
fund
for
a
fiscal
year
shall
be
distributed
10
as
grants
pursuant
to
this
section.
11
Sec.
4.
Section
256B.2,
subsection
2,
Code
2020,
is
amended
12
to
read
as
follows:
13
2.
a.
It
is
the
policy
of
this
state
to
require
school
14
districts
and
state-operated
educational
programs
to
provide
15
or
make
provision,
as
an
integral
part
of
public
education,
16
for
a
free
and
appropriate
public
education
sufficient
to
17
meet
the
needs
of
all
children
requiring
special
education.
18
This
chapter
is
not
to
be
construed
as
encouraging
separate
19
facilities
or
segregated
programs
designed
to
meet
the
needs
20
of
children
requiring
special
education
when
the
children
can
21
benefit
from
all
or
part
of
the
education
program
as
offered
22
by
the
local
school
district.
To
the
maximum
extent
possible,
23
children
Children
requiring
special
education
shall
,
consistent
24
with
the
least
restrictive
environment
requirements
under
the
25
federal
Individuals
with
Disabilities
Education
Act,
20
U.S.C.
26
§1400
et
seq.,
attend
regular
classes
and
shall
be
educated
27
with
children
who
do
not
require
special
education.
28
b.
(1)
Whenever
possible
reasonable
,
hindrances
to
29
learning
and
to
the
normal
functioning
of
children
requiring
30
special
education
within
the
regular
school
environment
shall
31
be
overcome
by
the
provision
of
special
aids
and
services
32
rather
than
by
separate
programs
for
those
in
need
of
special
33
education.
34
(2)
Special
classes,
separate
schooling,
or
other
removal
35
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of
children
requiring
special
education
from
the
regular
1
educational
environment,
shall
occur
only
when,
and
to
2
the
extent
that
the
nature
or
severity
of
the
educational
3
disability
is
such,
that
education
in
regular
classes,
even
4
with
the
use
of
supplementary
aids
and
services,
cannot
be
5
accomplished
satisfactorily.
6
(3)
Individualized
education
programs
for
children
7
requiring
special
education
within
the
regular
school
8
environment
shall
not
include
provision
for
clearing
all
other
9
students
out
of
the
regular
classroom
in
order
to
calm
the
10
child
requiring
special
education.
11
c.
For
those
children
who
cannot
adapt
to
the
regular
12
educational
or
home
living
conditions,
and
who
are
attending
13
facilities
under
chapters
263
,
269
,
and
270
,
upon
the
request
14
of
the
board
of
directors
of
an
area
education
agency,
the
15
department
of
human
services
shall
provide
residential
or
16
detention
facilities
and
the
area
education
agency
shall
17
provide
special
education
programs
and
services.
The
area
18
education
agencies
shall
cooperate
with
the
board
of
regents
to
19
provide
the
services
required
by
this
chapter
.
20
Sec.
5.
Section
257.11,
Code
2020,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
7A.
Transportation
to
therapeutic
23
classrooms.
In
order
to
provide
additional
funds
for
school
24
districts
to
fund
transportation
services
for
pupils
who
are
25
enrolled
in
the
school
district
or
in
an
accredited
nonpublic
26
school
located
within
the
boundaries
of
the
school
district,
27
but
who
are
assigned
to
a
therapeutic
classroom
that
is
28
located
more
than
thirty
miles
from
the
school
district
of
29
enrollment
or
accredited
nonpublic
school
and
is
operated
by
30
another
school
district
or
accredited
nonpublic
school
under
31
an
agreement
between
the
school
districts
or
between
a
school
32
district
and
an
accredited
nonpublic
school,
a
supplementary
33
weighting
plan
for
such
pupils
is
adopted.
A
supplementary
34
weighting
of
two-tenths
per
pupil
shall
be
assigned
to
35
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such
pupils.
The
department
shall
prorate
the
amount
of
1
supplementary
weighting
paid
in
accordance
with
this
section
if
2
the
amount
of
additional
funding
for
all
school
districts
under
3
this
section
exceeds
five
hundred
thousand
dollars.
4
Sec.
6.
NEW
SECTION
.
279.51A
Classroom
environment
——
5
behavioral
challenges
——
reports
of
violence
or
assault.
6
1.
A
classroom
teacher
may
clear
students
from
the
classroom
7
only
if
necessary
to
prevent
or
terminate
an
imminent
threat
of
8
bodily
injury
to
a
student
or
another
person
in
the
classroom.
9
2.
If
a
classroom
teacher
clears
all
other
students
from
10
the
classroom
in
accordance
with
subsection
1,
the
school
11
district
shall,
by
the
end
of
the
school
day
if
possible
but
at
12
least
within
twenty-four
hours
after
the
incident
giving
rise
13
to
the
classroom
clearance,
notify
the
parents
or
guardians
14
of
all
students
assigned
to
the
classroom
that
was
cleared.
15
The
principal
of
the
school
shall
request
that
the
parent
or
16
guardian
of
the
student
whose
behavior
caused
the
classroom
17
clearance
meet
with
the
principal,
the
classroom
teacher,
and
18
other
staff
as
appropriate,
prior
to
the
student’s
return
to
19
the
classroom.
20
3.
If
the
student
whose
behavior
caused
the
classroom
21
clearance
has
an
individualized
education
program,
the
22
classroom
teacher
may
call
for
and
be
included
in
a
23
reevaluation
of
the
student’s
individualized
education
program
24
by
the
student’s
individualized
education
program
team.
25
4.
A
classroom
teacher
employed
by
a
school
district
shall
26
report
any
alleged
incident
of
violence
or
assault
by
a
student
27
enrolled
in
the
school
to
the
principal
of
the
school.
28
5.
A
teacher
or
administrator
employed
by
a
school
district
29
may
report
alleged
incidents
of
violence
or
assault
by
a
30
student
enrolled
in
the
school
district
to
the
commissioner
of
31
public
safety.
The
commissioner,
pursuant
to
section
692.19,
32
shall
compile
and
summarize
the
reports,
categorized
by
alleged
33
behavior,
and
shall
submit
the
summary
to
the
general
assembly
34
and
the
department
of
education
pursuant
to
section
692.19.
A
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teacher
or
administrator
who
submits
a
report
in
accordance
1
with
this
subsection
and
who
meets
the
requirements
of
section
2
280.27
or
section
613.21
shall
be
immune
from
civil
or
criminal
3
liability
relating
to
such
action,
as
well
as
for
participating
4
in
any
administrative
or
judicial
proceeding
resulting
from
or
5
relating
to
the
report
pursuant
to
the
provisions
of
sections
6
280.27
and
613.21.
Personal
information
regarding
a
student
7
in
a
report
submitted
pursuant
to
this
section
shall
be
kept
8
confidential
in
the
same
manner
as
personal
information
in
9
student
records
maintained,
created,
collected,
or
assembled
10
by
or
for
a
school
corporation
or
educational
institution
in
11
accordance
with
section
22.7,
subsection
1.
12
6.
For
purposes
of
this
section,
unless
the
context
13
otherwise
requires,
“bodily
injury”
means
physical
pain,
14
illness,
or
any
other
impairment
of
physical
condition.
15
Sec.
7.
Section
280.21,
subsection
1,
Code
2020,
is
amended
16
to
read
as
follows:
17
1.
An
employee
of
a
public
school
district,
accredited
18
nonpublic
school,
or
area
education
agency
shall
not
inflict,
19
or
cause
to
be
inflicted,
corporal
punishment
upon
a
student.
20
For
purposes
of
this
section
,
“corporal
punishment”
means
the
21
intentional
physical
punishment
of
a
student.
An
employee’s
22
physical
contact
with
the
body
of
a
student
shall
not
be
23
considered
corporal
punishment
if
,
in
the
opinion
of
a
24
reasonable
person
at
the
time
of
the
incident,
it
is
reasonable
25
and
necessary
under
the
circumstances
and
is
not
designed
or
26
intended
to
cause
pain
or
if
the
employee
uses
reasonable
27
force,
as
defined
under
section
704.1
,
for
the
protection
of
28
the
employee,
the
student,
or
other
students;
to
obtain
the
29
possession
of
a
weapon
or
other
dangerous
object
within
a
30
student’s
control;
or
for
the
protection
of
property.
The
31
department
state
board
of
education
shall
adopt
rules
under
32
chapter
17A
to
implement
this
section
.
33
Sec.
8.
Section
280.21,
subsection
2,
unnumbered
paragraph
34
1,
Code
2020,
is
amended
to
read
as
follows:
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A
school
employee
who,
in
the
reasonable
course
of
the
1
employee’s
employment
responsibilities,
comes
into
physical
2
contact
with
a
student
shall
be
granted
immunity
from
any
civil
3
or
criminal
liability
,
and
immunity
from
any
disciplinary
4
action
by
the
school
employee’s
employer
or
the
department
of
5
education,
which
might
otherwise
be
incurred
or
imposed
as
a
6
result
of
such
physical
contact,
if
the
physical
contact
is
7
reasonable
under
the
circumstances
and
involves
any
of
the
8
following:
9
Sec.
9.
Section
280.21,
subsection
2,
Code
2020,
is
amended
10
by
adding
the
following
new
paragraphs:
11
NEW
PARAGRAPH
.
j.
Relocating
a
student
who
is
causing
a
12
severe
distraction
or
disturbance
that
is
detracting
from
the
13
educational
experience
of
other
students.
14
NEW
PARAGRAPH
.
k.
Relocating
a
student
who
is
not
15
responding
to
verbal
or
written
instructions
that
are
intended
16
to
change
the
immediate
behavior
of
the
student
or
relocating
a
17
student
who
is
exhibiting
passive
resistance
behaviors.
18
Sec.
10.
Section
280.21,
Code
2020,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
4.
To
prevail
in
a
disciplinary
action
21
alleging
a
violation
of
this
section
or
a
disciplinary
action
22
alleging
a
violation
of
a
related
school
policy,
the
party
23
bringing
the
action
shall
prove
the
violation
by
clear
and
24
convincing
evidence.
25
Sec.
11.
Section
692.19,
Code
2020,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
9.
Shall
compile
and
summarize
reported
28
incidents
of
violence
or
assault
by
a
student
enrolled
in
a
29
school
district
submitted
in
accordance
with
section
279.51A,
30
and
shall
submit
the
summary
by
September
1
annually
to
the
31
general
assembly
and
the
department
of
education.
32
Sec.
12.
DEPARTMENT
OF
EDUCATION.
There
is
appropriated
33
from
the
general
fund
of
the
state
to
the
department
of
34
education
for
the
fiscal
year
beginning
July
1,
2020,
and
35
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ending
June
30,
2021,
the
following
amount,
or
so
much
thereof
1
as
is
necessary,
to
be
used
for
the
purposes
designated:
2
For
developing,
establishing,
and
distributing
standards,
3
guidelines,
and
expectations
relating
to
behavior
in
the
4
classroom,
restraint
of
a
student,
and
professional
development
5
relating
to
educating
individuals
in
the
least
restrictive
6
environment
in
accordance
with
section
256.9,
subsection
60,
7
as
enacted
by
this
Act:
8
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
500,000
9
Sec.
13.
EMERGENCY
RULES.
The
state
board
of
education
10
may
adopt
emergency
rules
under
section
17A.4,
subsection
3,
11
and
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
12
the
provisions
of
this
Act
and
the
rules
shall
be
effective
13
immediately
upon
filing
unless
a
later
date
is
specified
in
the
14
rules.
Any
rules
adopted
in
accordance
with
this
section
shall
15
also
be
published
as
a
notice
of
intended
action
as
provided
16
in
section
17A.4.
17
Sec.
14.
EFFECTIVE
DATE.
The
following
takes
effect
July
18
1,
2021:
19
The
section
of
this
Act
amending
section
256.16,
subsection
20
1,
paragraph
“c”.
21
Sec.
15.
EFFECTIVE
DATE.
The
following,
being
deemed
of
22
immediate
importance,
take
effect
upon
enactment:
23
1.
The
section
of
this
Act
enacting
section
256.25.
24
2.
The
section
of
this
Act
relating
to
emergency
rules.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
classroom
management
by
providing
for
29
development
and
distribution
of
guidelines,
requiring
approved
30
practitioner
preparation
programs
to
include
preparation
31
relating
to
the
development
of
individualized
education
32
programs
(IEP)
and
to
positive
behavioral
interventions
33
and
other
strategies,
prohibiting
implementation
of
what
is
34
commonly
referred
to
as
a
classroom
clear
in
a
student’s
IEP,
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establishing
a
therapeutic
classroom
incentive
grant
program
1
and
fund
under
the
control
of
the
department
of
education
2
to
provide
competitive
grants
to
school
districts
for
the
3
establishment
of
therapeutic
classrooms,
appropriating
moneys
4
for
the
transportation
of
students
to
therapeutic
classrooms,
5
providing
for
the
submission
of
reports
of
alleged
violence
or
6
assaults
by
students
to
the
commissioner
of
public
safety,
and
7
making
changes
to
provisions
relating
to
corporal
punishment.
8
DEVELOPMENT
AND
DISTRIBUTION
OF
GUIDELINES.
The
bill
9
directs
the
director
of
the
department
of
education
to
develop
10
and
establish,
and
distribute
to
school
districts,
standards,
11
guidelines,
and
expectations
for
responses
to
behavior
in
the
12
classroom
that
presents
an
imminent
threat
of
bodily
injury
13
to
a
student
or
another
person.
The
director
must
consult
14
with
the
area
education
agencies
to
create
comprehensive
and
15
consistent
standards
and
guidance
for
professional
development
16
relating
to
successfully
educating
individuals
in
the
least
17
restrictive
environment.
The
bill
defines
“bodily
injury”
as
18
physical
pain,
illness,
or
any
other
impairment
of
physical
19
condition.
The
bill
appropriates
$500,000
to
the
department
20
from
the
general
fund
of
the
state
for
FY
2020-2021
for
such
21
purposes.
22
PRACTITIONER
PREPARATION
REQUIREMENTS.
Approved
23
practitioner
preparation
programs
must
include
preparation
in
24
preparation
for
educating
individuals
in
the
least
restrictive
25
environment
and
other
strategies
to
address
difficult
and
26
violent
student
behavior
and
improve
academic
engagement
and
27
achievement.
This
provision
takes
effect
July
1,
2021.
28
CLASSROOM
CLEAR
REQUIREMENTS.
Though
an
IEP
developed
for
a
29
child
requiring
special
education
shall
not
include
provision
30
for
clearing
all
other
students
out
of
the
regular
classroom
in
31
order
to
calm
the
child,
a
classroom
teacher
may
clear
students
32
from
a
classroom
if
a
student’s
behavior
presents
an
immediate
33
danger
to
the
health
or
safety
of
persons
in
the
classroom.
If
34
a
teacher
clears
a
classroom
in
such
a
situation,
the
school
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district
must,
by
the
end
of
the
school
day
optimally
or
at
1
least
within
24
hours
of
the
incident,
notify
the
parents
2
or
guardians
of
all
students
assigned
to
the
classroom
of
3
the
action
taken
to
clear
the
classroom.
The
principal
of
4
the
school
shall
request
that
the
parent
or
guardian
of
the
5
student
whose
behavior
caused
the
classroom
clearance
meet
6
with
the
principal,
the
classroom
teacher,
and
other
staff
as
7
appropriate,
prior
to
the
student’s
return
to
the
classroom.
8
If
the
student
has
an
IEP,
the
classroom
teacher
may
call
for
9
and
be
included
in
a
reevaluation
of
the
student’s
IEP
by
the
10
student’s
IEP
team.
11
A
classroom
teacher
must
report
any
alleged
incident
of
12
violence
or
assault
by
a
student
to
the
principal.
13
REPORTS
TO
COMMISSIONER
OF
PUBLIC
SAFETY.
A
teacher
or
14
administrator
may
report
alleged
incidents
of
violence
or
15
assault
by
a
student
enrolled
in
the
school
district
to
the
16
commissioner
of
public
safety,
who
shall
compile
and
summarize
17
the
reports
and
submit
the
summary
by
September
1
annually
18
to
the
general
assembly
and
the
department
of
education.
A
19
teacher
or
administrator
who
submits
such
a
report
and
meets
20
certain
statutory
requirements
is
immune
from
civil
or
criminal
21
liability.
Personal
information
regarding
a
student
in
such
a
22
report
is
confidential.
23
THERAPEUTIC
CLASSROOM
INCENTIVE
GRANT
AND
FUND.
A
school
24
district,
which
may
collaborate
and
partner
with
one
or
more
25
school
districts,
area
education
agencies,
and
accredited
26
nonpublic
schools
in
mental
health
and
disability
services
27
regions
providing
children’s
behavioral
health
services,
may
28
apply
for
a
grant
to
establish
a
therapeutic
classroom
in
the
29
school
district.
30
The
department
is
directed
to
develop
a
grant
application
31
and
selection
and
evaluation
criteria,
and
to
give
priority
to
32
grant
applications
submitted
by
school
districts
located
in
33
regions
providing
children’s
behavioral
health
services,
with
34
highest
priority
to
those
proposing
to
serve
the
most
students.
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If
state,
federal,
or
private
moneys
deposited
in
the
1
therapeutic
classroom
incentive
fund
are
sufficient,
the
2
department
of
education
may
issue
grants
to
school
districts
3
for
the
establishment
of
therapeutic
classrooms.
Grant
moneys
4
shall
be
distributed
after
July
1
but
before
the
start
of
5
the
school
calendar
for
start-up
costs
for
a
new
therapeutic
6
classroom
in
the
fall
semester.
7
The
total
amount
of
funding
awarded
for
the
establishment
8
of
therapeutic
classrooms
for
a
fiscal
year
shall
not
exceed
9
an
amount
equivalent
to
the
state
cost
per
pupil
multiplied
by
10
weighting
of
1.5
pupils
calculated
for
150
pupils.
11
The
therapeutic
classroom
incentive
fund
is
established
12
in
the
state
treasury
under
the
control
of
the
department
of
13
education.
The
department
may
accept
gifts,
grants,
bequests,
14
and
other
private
contributions,
as
well
as
state
or
federal
15
moneys,
for
deposit
in
the
fund.
16
Provisions
relating
to
the
therapeutic
classroom
incentive
17
grant
and
fund
take
effect
upon
enactment.
18
TRANSPORTATION
TO
THERAPEUTIC
CLASSROOMS.
Pupils
who
are
19
enrolled
in
a
school
district
or
in
an
accredited
nonpublic
20
school
located
within
the
boundaries
of
the
school
district,
21
but
who
are
assigned
to
a
therapeutic
classroom
that
is
located
22
more
than
30
miles
from
the
school
district
of
enrollment
and
23
is
operated
by
another
school
district
or
accredited
nonpublic
24
school
under
an
agreement
between
the
school
districts
or
25
between
a
school
district
and
an
accredited
nonpublic
school,
26
are
assigned
a
supplementary
weighting
of
two-tenths
per
pupil.
27
The
department
shall
prorate
the
amount
of
supplementary
28
weighting
paid
if
the
amount
of
additional
funding
for
all
29
school
districts
exceeds
$500,000.
30
CORPORAL
PUNISHMENT.
The
bill
also
adds
to
exemptions
under
31
the
statutory
provisions
relating
to
corporal
punishment
of
a
32
student,
provides
circumstances
under
which
a
school
employee
33
shall
be
granted
immunity
from
civil
and
criminal
liability,
34
and
immunity
from
disciplinary
action
by
the
employer
or
the
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department
of
education,
which
results
from
reasonable
and
1
necessary
physical
contact
with
a
student,
and
establishes
an
2
evidentiary
standard
for
a
disciplinary
action.
3
Under
the
bill,
if
an
employee’s
physical
contact
with
the
4
body
of
a
student
meets
current
statutory
requirements
and
5
is
reasonable
and
necessary
under
the
circumstances
in
the
6
opinion
of
a
reasonable
person
at
the
time
of
the
incident,
the
7
physical
contact
shall
not
be
considered
corporal
punishment.
8
To
the
current
circumstances
under
which
a
school
employee
9
shall
be
granted
immunity,
the
bill
adds
relocating
a
student
10
who
is
causing
a
severe
distraction
or
disturbance
that
is
11
detracting
from
the
educational
experience
of
other
students,
12
and
relocating
a
student
who
is
not
responding
to
verbal
or
13
written
instructions
that
are
intended
to
change
the
immediate
14
behavior
of
the
student
or
relocating
a
student
who
is
15
exhibiting
passive
resistance
behaviors.
16
To
prevail
in
a
disciplinary
action
alleging
violation
of
17
the
corporal
punishment
provisions
or
a
related
school
policy,
18
the
bill
provides
that
the
party
bringing
the
action
must
prove
19
the
violation
by
clear
and
convincing
evidence.
20
EMERGENCY
RULEMAKING
AUTHORITY.
The
bill
authorizes
the
21
state
board
of
education
to
adopt
emergency
rules
to
implement
22
the
bill.
This
provision
takes
effect
upon
enactment.
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