What changed in HF 604
The bill as introduced, compared with the version both chambers passed (90th General Assembly).
3 passages reworded, 31 added and 23 removed; 10 of 67 unchanged.
Removed AddedIntroduced textText as passedAmendments
Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.
Section 1. Section 2C.9, Code 2023, is amended by adding the following new subsection:
NEW SUBSECTION. 2A. Investigate, on complaint, any complaint received by an individual who holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners related to violence in the classroom, classroom or violence on school property, and including any other violations disclosure of state law. information to which section 279.78 applies related to violence in the classroom or violence on school property. The ombudsman shall provide the results of the investigation to the department of education and the board of educational examiners. The ombudsman shall maintain secrecy in respect to the identities of the complainants.
Sec.
2. Section 256E.7, subsection 2, 256.9, Code 2023, is amended by adding the following new paragraphs: subsections:
NEW SUBSECTION.
NEW PARAGRAPH. 0j. Be subject to and comply with the requirements of section 280.33 relating to notifications to the parents or guardians of a student in the event a classroom teacher witnesses the student suffer a bodily injury in the same manner as a school district.
66. Develop and distribute to school districts a list of all professional development programs and other training programs in which employees of school districts are required to participate pursuant to federal law or state law, including chapter 284.
NEW PARAGRAPH. 00j. Be subject to and comply with the requirements of section 280.34 relating to prohibiting retaliation against employees or contractors for disclosing certain specified information in the same manner as a school district.
NEW SUBSECTION.
NEW PARAGRAPH. 000j. Be subject to and comply with the requirements of section 280.35 relating to the removal of disruptive students from the classroom in the same manner as a school district.
67. Develop and distribute to school districts and charter schools model policies that, if adopted by a school district or charter school, would satisfy the school district’s or charter school’s responsibilities under section 279.79 relating to the discipline of a student for making a threat of violence or causing an incident of violence that results in injury or property damage or assault.
Sec.
3. Section 256E.7, subsection 2, Code 2023, is amended by adding the following new paragraphs:
NEW PARAGRAPH. 0j. Be subject to and comply with the requirements of section 279.78 relating to prohibiting retaliation against employees or contractors for disclosing certain specified information in the same manner as a school district.
3.
NEW PARAGRAPH. 00j. Be subject to and comply with the requirements of section 279.79 relating to the adoption of policies related to the discipline of a student for making a threat of violence or causing an incident of violence that results in injury or property damage or assault in the same manner as a school district.
NEW SECTION. 279.77 Professional development —— notification. If a school district requires an employee to participate in a particular professional development program, the school district shall provide notice to the employee indicating the section of the Code, or rules adopted by the state board of education or the board of educational examiners, the school district determines requires the employee to participate in the professional development program. For purposes of this section, “professional development program” means the same as defined in section 272.1.
NEW PARAGRAPH. 000j. Be subject to and comply with the requirements of section 279.80 relating to student handbooks in the same manner as a school district.
Sec.
4. Section 279.51A, subsection 4, Code 2023, is amended to read as follows:
4. Section 280.21, Code 2023, is amended by adding the following new subsection:
4.
NEW SUBSECTION.
a. A classroom teacher employed by a school district shall report any threat of violence or incident of violence that results in injury or property damage or assault by a student enrolled in the school to the principal or the lead administrator of the school within twenty-four hours after the threat of violence or incident of violence occurs, and the classroom teacher may notify the parent or guardian of the student who made the threat of violence or caused the incident of violence, and the parent or guardian of the student to whom the threat of violence was made or the incident of violence occurred, of the threat of violence or incident of violence.
5. A public school district, accredited nonpublic school, or area education agency shall provide to all teachers employed by the public school district, accredited nonpublic school, or area education agency a copy of this section after entering into an initial contract with the teacher and each time the contract is renewed.
b. The principal or lead administrator of the school shall notify the parent or guardian of the student enrolled in the school who made the threat of violence or caused the incident of violence that resulted in injury or property damage or assault, and the parent or guardian of the student to whom the threat of violence was made or the incident of violence occurred, of the threat of violence or incident of violence within twenty-four hours after the classroom teacher reports the threat of violence or incident of violence to the principal or lead administrator pursuant to paragraph “a”.
Sec.
5.
NEW SECTION. 280.33 Notice to parents or guardians related to student injuries. A teacher employed by a school district or an accredited nonpublic school shall notify the parent or guardian of a student enrolled in the school district or accredited nonpublic school by telephonic means within twenty-four hours after the teacher witnesses the student suffer a bodily injury.
NEW SECTION. 279.77 Professional development —— notification. If a school district requires an employee to participate in a particular professional development program, including a program that is included on the list developed by the department of education pursuant to section 256.9, subsection 66, the school district shall provide notice to the employee indicating the section of the Code, or rules adopted by the state board of education or the board of educational examiners, the school district determines requires the employee to participate in the professional development program.
Sec.
6.
NEW SECTION. 280.34 279.78 Retaliation prohibition. The board of directors of a school district or the authorities in charge of an accredited nonpublic school shall not take any disciplinary action against an employee or contractor of the school district or accredited nonpublic school for disclosing information to any public official or law enforcement agency, including a disclosure to the ombudsman pursuant to section 2C.9, subsection 2A, if the employee or contractor reasonably believes the information evidences a violation of law or rule, mismanagement, a gross abuse of funds, an abuse of authority, or a substantial and specific danger to public health or safety. For purposes of this section, “disciplinary action” includes termination of employment or the contractual relationship, suspension from employment, demotion, financial penalties, failing to take action regarding an employee’s or contractor’s promotion or proposed promotion, failing to provide an advantage in employment or the contractual relationship, and written or verbal reprimands.
Sec.
7.
NEW SECTION. 279.79 Discipline of students who make threats of violence or cause incidents of violence. The board of directors of each school district shall adopt, in collaboration with teachers and administrative staff employed by the school district, policies for different grade levels that describe how a school district may discipline a student for making a threat of violence or causing an incident of violence that results in injury or property damage or assault. All of the following shall apply to the policies:
1. The policies must incorporate strategies that are designed to correct the student’s behavior.
2. The policies must provide for parent or guardian conferences, counseling sessions, or mental health counseling sessions, when appropriate. The policies must provide that the school district must receive the prior written consent of the student’s parent or guardian before requiring the student to participate in a counseling session or a mental health counseling session.
3. The policies must be consistent with the provisions of chapter 256B, the administrative rules adopted by the state board for purposes of chapter 256B, the federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq., and the federal Rehabilitation Act of 1973, as amended and codified in 29 U.S.C. §701 et seq.
NEW SECTION. 280.35 Removal of disruptive students from the classroom.
4. The policies must provide for escalating levels of discipline each time the student makes a threat of violence or causes an incident of violence that results in injury or property damage or assault.
1. As used in this section:
5. The policies must allow for the school district to select the level of discipline that the school district determines corresponds to the severity of the threat of violence or incident of violence.
a. “Administrator” means the same as defined in section 272.1.
6. The policies must allow the school district to suspend the student, permanently remove the student from a particular class, expel the student, or place the student in an alternative learning environment, including a therapeutic classroom, when appropriate.
b. “School resource officer” means the same as defined in 34 U.S.C. §10389.
7. The policies must require an individualized education program meeting if the student who made the threat of violence or caused the incident of violence that resulted in injury or property damage or assault has an individualized education program.
c. “Teacher” means the same as defined in section 272.1.
8. The policies must be published on the school district’s internet site and in applicable student handbooks.
2. A teacher employed by a school district or an accredited nonpublic school may remove a disruptive student from the classroom under the supervision of a school resource officer or the lead administrator located in the attendance center.
Sec.
3.
8.
a. The first time a teacher removes a disruptive student from the classroom pursuant to subsection 2 in a semester, or the trimester or quarter equivalent, the school district or accredited nonpublic school shall do all of the following:
NEW SECTION. 279.80 Student handbooks.
(1) Facilitate a counseling session between the student and a school counselor licensed by the board of educational examiners under chapter 272.
1. Annually, on or before the beginning of the school calendar, each school district shall publish one or more student handbooks and provide to the parent or guardian of each student enrolled in the school district a printed or electronic copy of a student handbook that includes basic information related to the expectations of students in the grade level or attendance center to which the student handbook applies, including information related to academics, attendance, discipline, health and safety, and daily schedules.
(2) Place the student in one day of in-school suspension after the counseling session described in subparagraph (1) takes place.
2. Each school district shall require that the parent or guardian of each student enrolled in the school district acknowledge receipt of the applicable student handbook, either in writing or electronically.
b. The second time a teacher removes a disruptive student from the classroom pursuant to subsection 2 in a semester, or the trimester or quarter equivalent, the school district or accredited nonpublic school shall do all of the following:
Sec.
(1) Facilitate a counseling session between the student and a school counselor licensed by the board of educational examiners under chapter 272.
9. Section 280.21, Code 2023, is amended by adding the following new subsection:
(2) Place the student in five consecutive school days of in-school suspension after the counseling session described in subparagraph (1) takes place.
NEW SUBSECTION.
c. The third time a teacher removes a disruptive student from the classroom pursuant to subsection 2 in a school year, the school district or accredited nonpublic school shall permanently expel the student from the teacher’s class and, if the student is enrolled in grades nine through twelve, the student shall not receive high school credit for the class.
5. A public school district or area education agency shall provide to all teachers employed by the public school district or area education agency a copy of this section with the initial employment contract and with each notice of renewal of the employment contract.