Senate File 178 - Introduced SENATE FILE 178 BY CAMPBELL A BILL FOR An Act relating to civil actions against school board members 1 and superintendents for school policies that violate state 2 law. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1780XS (4) 91 jda/jh
S.F. 178 Section 1. NEW SECTION . 279.87 School policies in 1 violation of state law civil actions against board members and 2 superintendents. 3 1. If any person residing in a school district believes 4 that the board of directors of the school district or the 5 superintendent of the school district has adopted a policy that 6 is in violation of any state law, the person may notify the 7 county attorney of the county in which the school districts 8 central administrative office is located of the potential 9 violation. The county attorney may bring a civil action 10 against the members of the board of directors of the school 11 district who voted in favor of adopting the policy that may be 12 in violation of a state law, and against the superintendent 13 of the school district, to compel the school district to 14 comply with state law. A member who did not vote in favor of 15 the alleged violation of state law shall not be named as a 16 defendant in the action. 17 2. If the county attorney is the prevailing party in the 18 civil action instituted pursuant to subsection 1, the court 19 shall do all of following: 20 a. Grant the injunctive relief sought by the county 21 attorney. 22 b. (1) Award the county attorney an amount equal to the 23 greater of the following: 24 (a) One thousand dollars for each defendant that the court 25 finds adopted a policy that is in violation of state law. 26 (b) The costs the county attorney incurred in bringing the 27 civil action, including costs related to the county attorneys 28 investigation. 29 (2) The court shall allocate the amount awarded equally 30 among the defendants that the court finds adopted a policy that 31 is in violation of state law. 32 (3) The moneys awarded shall be deposited in the general 33 fund of the county for the use of the county attorney in 34 carrying out the county attorneys duties. 35 -1- LSB 1780XS (4) 91 jda/jh 1/ 2
S.F. 178 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanations substance by the members of the general assembly. 3 This bill relates to civil actions against school board 4 members and superintendents for school policies that violate 5 state law. 6 The bill provides that if any person residing in a school 7 district believes that the board of directors of the school 8 district or the superintendent of the school district has 9 adopted a policy that is in violation of any state law, 10 the person may notify the county attorney of the potential 11 violation. The county attorney may bring a civil action 12 against the members of the board of directors of the school 13 district who voted in favor of adopting the policy that may be 14 in violation of a state law, and against the superintendent of 15 the school district, to compel the school district to comply 16 with state law. The bill establishes that if the county 17 attorney is the prevailing party in the civil action, the court 18 shall grant the injunctive relief sought by the county attorney 19 and award the county attorney an amount equal to the greater of 20 $1,000 for each defendant that the court finds adopted a policy 21 that is in violation of state law or the costs the county 22 attorney incurred in bringing the civil action. Any moneys 23 awarded must be deposited in the general fund of the county 24 for the use of the county attorney in carrying out the county 25 attorneys duties. 26 -2- LSB 1780XS (4) 91 jda/jh 2/ 2