Relating to the responsibilities of school districts and charter schools related to the discipline of students who cause violent or nonviolent disruptions

Description

Senate File 2428 requires the Department of Education (DE) to develop and administer a pilot program for a rural district and an urban district to establish attendance centers to be used to provide educational services to eligible students, with exceptions for an eligible student’s participation. The Bill provides conditions that must be met for participation. The rural school district and urban school district will be required to submit an annual report to the DE by June 1 of each year, and the DE is required to compile and submit these reports to the General Assembly by June 30 of each year. The pilot program is repealed July 1, 2031. The Bill also requires school districts and charter schools to initiate a disciplinary process when a student causes a violent or nonviolent disruption, with definitions. The process will include removal from the classroom, review of actions, and conditions for readmittance into the classroom or conditions for sustainment of removal. If the principal of a school determines disciplinary action should be taken against a student removed from the classroom, action must be taken and notice given to the parent or guardian of said student. Such action may include suspension or placement into an alternative learning environment, such as a therapeutic classroom. The Bill gives teachers decision-making authority regarding whether a student may be readmitted to the classroom after removal. Trauma support for teachers, students, and other school employees affected by violent and nonviolent disruptions shall be offered, as well as paid leave for teachers and school employees for physical recovery.

The Bill requires the Director of the DE to develop and distribute both model policies regarding disciplinary action to school districts and charter schools and the requirements for a least restrictive environment, pursuant to the federal Individuals with Disabilities Education Act (IDEA). The board of directors of each school district and charter school is then required to adopt and publish policies for different grade levels regarding student discipline that meet requirements outlined in the Bill and under the IDEA. The board of directors must also ensure that conditions regarding each student’s individual education program (IEP) plan are met. Each school district employee responsible for the implementation of a student’s IEP plan, as listed in the Bill, must read all changes to the accommodations and modifications in the IEP plan. After reading the most recent changes, the regular education teacher shall provide written notice to the special education teacher who is part of the IEP team indicating they have read it. An oversight review committee must also be established by the school district, consisting of two teachers at the attendance center and one administrative employee, mental health professional, or behavioral interventionist. The oversight review committee may issue recommendations related to the student removed from the classroom.

The Bill requires school districts to pay costs required by the Bill from State Foundation School Aid per Iowa Code section 25B.2(3) (State Mandates).

Background

The pilot program established by the Bill may be similar to the Therapeutic Classroom Incentive Grant program but is associated with a different funding source and is not administered as a competitive grant program. There are currently 13 urban school districts and 1 rural school district that would meet the definitions of “urban school district” and “rural school district,” respectively, in the Bill.

The Therapeutic Classroom Incentive Grant program currently receives a $2.4 million appropriation annually in the Education Appropriations Act with additional claims-based pupil funding provided through a standing appropriation for Therapeutic Classroom Services. The DE oversees the current Therapeutic Classroom Incentive Grant program and released a 2025 Therapeutic Classroom Report detailing the history of the annually awarded grants. Iowa Code section 256.9 requires the Director of the DE to develop and distribute to school districts and charter schools model policies outlining the school districts’ and the charter schools’ responsibilities relating to the discipline of a student for making a threat of violence or causing an incident of violence that results in injury, property damage, or assault. Iowa Code section 279.65A outlines requirements for policies regarding the discipline of students who make threats of violence or cause incidents of violence. Current law does not include incidences of nonviolent disruptions, as defined in the Bill.

The average daily cost to a school district for a substitute teacher ranges from $120 to $160 per day, depending on the district and length of assignment.

Assumptions

• The DE and board of directors for school districts and charter schools will be required to adopt and publish policies regarding the disciplinary process for students causing violent and nonviolent disruptions. Costs associated with implementing these policies are anticipated to be minimal.
• School districts and charter schools may need to provide an alternative learning environment for students who are removed from the classroom for violent or nonviolent disruptions.
• Substitute teachers may be needed to fill in for teachers attending oversight review meetings or taking a leave of absence after an incident with a disruptive student.
• One rural school district, which will be the only rural school district to meet the requirements of the Bill, will participate in the pilot program.
• One of 13 urban school districts will be chosen to participate in the pilot program.
• The DE will have minimal additional administrative costs to meet the requirements of the Bill.

Fiscal Impact

Senate File 2428 will require annual expenditures of $165,000 by a rural district and between $1.0 million and $4.4 million by an urban district to implement the pilot program. The Bill directs the DE to fully fund the pilot program using moneys appropriated by the General Assembly for the program unless participating school districts have the funds for their participation in the program.

The Bill is anticipated to have no fiscal impact on the DE for the implementation of policies regarding disruptive students. School districts and charter schools may incur costs related to providing alternative learning environments for students removed from the classroom. If an oversight review meeting takes place during the school day or if a teacher were to take time off due to an incident with a disruptive student, schools may be required to employ a substitute teacher. For meetings taking place beyond contract hours, teachers may also receive prorated pay. The Bill requires school districts to pay costs required by the Bill from State Foundation School Aid per Iowa Code section 25B.2(3).

Sources

• Department of Education
• Urban Education Network
• Iowa Association of School Boards