Iowa 2023-2024 Regular Session

Iowa Senate Bill SF149

Introduced
1/26/23  
Refer
6/5/23  
Introduced
1/26/23  

Caption

A bill for an act relating to civil actions associated with permissible physical contact between certain specified school employees or volunteers and students, including civil and criminal immunity, monetary damages, and attorney fees.(Formerly SSB 1005.)

Impact

The legislation amends existing statutes to extend similar legal protections previously afforded to school employees to school volunteers and charter school employees. This integration emphasizes a more comprehensive understanding of the responsibilities and protections necessary within the educational environment, fostering a safer atmosphere for both students and staff. The bill allows school districts and educational agencies to share immunity from liability, reflecting a recognition that educational personnel should have the necessary protections when acting in the interest of student safety.

Summary

Senate File 149 relates to civil actions associated with permissible physical contact between specified school employees or volunteers and students. The bill outlines provisions for civil and criminal immunity for school personnel when physical contact with students is deemed reasonable and necessary under specific circumstances. By clarifying the definitions and circumstances under which physical contact does not constitute corporal punishment, the bill seeks to provide greater legal protections to school employees and volunteers while engaging with students.

Contention

Debate surrounding SF149 includes concerns about the potential for misuse of immunity provisions, particularly regarding the definition of 'reasonable' physical contact. Opponents argue that providing broad immunity may lead to situations where unjustified force could be used under the guise of this legal shield. Proponents, however, assert that the bill is essential for allowing educators to perform their duties without the looming threat of legal repercussions for reasonable actions taken in the course of their work. The tension between legal protection for educational staff and the rights of students remains a central point of discussion.

Notable_points

A particularly notable aspect of SF149 is its provision for monetary damages for any school employee or volunteer who is wrongfully accused of violating the statute related to corporal punishment. This adds a layer of protection and deterrent against frivolous lawsuits, recognizing the challenges faced by educators in their daily interactions with students while also ensuring accountability through requirements for clear and convincing evidence in civil actions.

Companion Bills

IA SSB1005

Related A bill for an act relating to civil actions associated with permissible physical contact between certain specified school employees or volunteers and students, including civil and criminal immunity, monetary damages, and attorney fees.(See SF 149.)

Previously Filed As

IA SSB1005

A bill for an act relating to civil actions associated with permissible physical contact between certain specified school employees or volunteers and students, including civil and criminal immunity, monetary damages, and attorney fees.(See SF 149.)

IA HF355

A bill for an act relating to certain specified employees of school districts, accredited nonpublic schools, and charter schools, including renewal requirements associated with licenses issued by the board of educational examiners to practitioners with master's or doctoral degrees, fees associated with the review of certain specified records, and background checks for employees of school districts, accredited nonpublic schools, and charter schools.(Formerly HF 224; See HF 672.)

IA HF672

A bill for an act relating to certain specified employees of school districts, accredited nonpublic schools, and charter schools, including renewal requirements associated with licenses issued by the board of educational examiners to practitioners with master's or doctoral degrees, fees associated with the review of certain specified records, and background checks for employees of school districts, accredited nonpublic schools, and charter schools. (Formerly HF 355, HF 224.) Effective date: 07/01/2023.

IA HF361

A bill for an act relating to the dissemination of certain specified materials, including the prohibition of certain specified materials in schools and civil actions to determine obscenity, modifying the responsibilities of the department of education, and providing civil penalties.

IA SF305

A bill for an act relating to the dissemination of certain specified materials, including the prohibition of certain specified materials in schools and civil actions to determine obscenity, modifying the responsibilities of the department of education, and providing civil penalties.

IA HF224

A bill for an act relating to certain specified employees of school districts, accredited nonpublic schools, and charter schools, including renewal requirements associated with licenses issued by the board of educational examiners to practitioners with master's or doctoral degrees, fees associated with the review of certain specified records, and background checks for employees of school districts, accredited nonpublic schools, and charter schools.(See HF 355, HF 672.)

IA HF604

A bill for an act relating to education, including authorizing the ombudsman to investigate complaints received by individuals who hold a license, certificate, authorization, or statement of recognition issued by the board of educational examiners, and modifying the responsibilities of the department of education, school districts, and charter schools. (Formerly HSB 206.) Effective date: 07/01/2023.

IA HSB206

A bill for an act relating to education, including authorizing the ombudsman to investigate complaints received by individuals who hold a license, certificate, authorization, or statement of recognition issued by the board of educational examiners, modifying the responsibilities of school districts, accredited nonpublic schools, and charter schools, and authorizing teachers employed by school districts, accredited nonpublic schools, or charter schools to remove disruptive students from the classroom.(See HF 604.)

IA HF2487

A bill for an act relating to education, including by modifying provisions related to mandatory reporting to the board of educational examiners of certain specified school employees, complaints against school employees and the investigation of complaints against school employees, and the responsibilities of the department of education and the board of educational examiners. (Formerly HSB 568.) Effective date: 07/01/2024.

IA HF163

A bill for an act relating to school safety by requiring the creation of threat assessment teams and authorizing information sharing between certain governmental agencies.(Formerly HSB 47.)

Similar Bills

IA HF2496

A bill for an act modifying provisions related to the responsibilities of nonpublic schools.

OK SB707

School accreditation; directing evaluations of school districts to occur once every four years. Effective date. Emergency.

TX SB1329

Relating to school district police department accreditation, including a grant program to assist departments in becoming accredited.

OK HB1466

Schools; accreditation standards; deficiencies; permitting school districts to request a hearing on accreditation recommendations; effective date; emergency.

OK SB699

School accreditation; allowing a school district to request a due process hearing prior to the State Board of Education taking certain action. Effective date. Emergency.

OK HB1656

School counselors; requiring school districts to employ at least one certified school counselor at each school site; effective date.

OK HB1488

Schools; accreditation standards; deficiencies; permitting school districts to request a hearing on accreditation recommendations; rulemaking; effective date; emergency.

MS HB864

State school and school district accountability system; eliminate certain criteria for measuring performance under.