Capitol Letters: House passes legislation to protect teachers and students

State Rep. Megan Jones

On Tuesday, March 9, the House passed a bipartisan bill that addresses classroom behavior, protects teachers and supports students with special needs. Although the bill passed this year, this conversation started years ago.

In 2020, the Legislature passed legislation establishing therapeutic classrooms. The first round of grant awards were in the 2021-2022 school year. “Therapeutic classroom” means a classroom designed for the purpose of providing support for any student, with or without an Individualized Education Program (IEP), whose emotional, social or behavioral needs interfere with the student’s ability to be successful in the current educational environment, with or without supports, until the student is able to successfully return to the student’s current education environment, with or without supports, including but not limited to the general education classroom. A school district is not required to operate a therapeutic classroom; however, a school district is required to ensure therapeutic services are available, whether in-district or otherwise, to students who need those services to access or benefit from an education. For state reporting and reimbursement purposes, to be considered a therapeutic classroom, the program/classroom must serve both students with and without IEPs and include all the components listed in Iowa Administrative Code 281-14.13.

Then, in 2023, House Republican members met with teachers resulting in House File 604. HF 604 allowed teachers to file a complaint with the ombudsman’s office if there is violence in their classroom that they feel hasn’t been addressed by the school’s administration. It requires teachers to report any threat of violence or incident of violence that results in injury, property damage or assault by a student. Teachers may notify the parents of the student who made the threat or caused the incident and the parents of the student to whom the threat or incident was made. The principal must notify, within 24 hours of the teacher reporting it, the parents of the student who made the threat or caused the incident and the parents of the student to whom the threat was made or the violence occurred. Additionally, the Department of Education was required to develop model polices for different grade levels that school districts would use to address threats of violence or incidents of violence resulting in property damage or assault. The policies must:

• Incorporate strategies that are designed to correct the student’s behavior.
• Provide for parental conferences and, if appropriate, mental health counseling sessions. 
• Be consistent with all state and federal laws and regulations that apply to special education. 
• Provide escalating levels of discipline each time the student makes a threat of violence or causes an incident.
• Allow the school district to select the level of discipline they determine is appropriate for the level of violence.
• Allow the school district to suspend, expel, permanently remove from a class, or place a student in an alternative learning environment, such as a therapeutic classroom.
• If a student who makes a threat of violence or causes an incident has an individualized education program, there must be an IEP meeting.
• Be published on the district website and in the student handbook.

Districts must provide a student handbook to the parent of each student, and parents must acknowledge that they received a copy, either electronically or in writing.

The issues with classroom behavior remain, however. House File 2538 approved by the House this week does the following:

• Requires the Dept. of Ed. to develop training materials related to least restrictive environment.
• Codifies Risk Assessment monitoring by the Dept. of Ed. for underreporting or late reporting data on school discipline.
• Allows teachers to exclude a student from the classroom if they meet certain criteria.
• Students who are removed from the classroom cannot return until a meeting between the teacher and principal takes place.
• Districts must have an Oversight Review Committee that established policy for when a student should be allowed back in the classroom.
• Allows teachers to appeal to the school board.
• Requires teachers to read IEPs and 504 plans.
• Requires paras to be at the IEP meetings.
• Teachers may request an IEP team to meet.
• The IEP team shall discuss appropriateness of the learning environment or if modifications need to be made.
• Teachers shall be granted a leave of absence with full pay for physical or mental abuse up to five days and more if a doctor’s note requires it.
• School district’s professional learning plan shall include instruction on FAPE, IEPs and least restrictive environment under IDEA.

Iowa teachers and students need to be protected and we will keep fighting to make sure that happens.

The next Storm Lake Legislative forum will be held Saturday, March 28, at 12:30 p.m. at King’s Pointe Resort. Contact Megan Jones by email: megan.jones@legis.iowa.gov