Senate File 2182 - Introduced
SENATE FILE 2182
BY SINCLAIR
A BILL FOR
1 An Act relating to rights of a parent or guardian including
2 rights relating to medical care and education, and providing
3 for a private cause of action.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. NEW SECTION. 279.84 Parents and guardians ——
2 private cause of action.
3 In addition to any other remedy provided by law, section
4 601.2 relating to a private cause of action by a parent or
5 guardian shall apply to an alleged violation of section 279.50,
6 279.77, 279.78, 279.79, or 279.80.
7 Sec. 2. NEW SECTION. 601.2 Parents and guardians —— private
8 cause of action.
9 1. a. A parent or guardian who alleges the parent’s or
10 guardian’s rights under this chapter, or under section 279.50,
11 279.77, 279.78, 279.79, or 279.80 have been violated may
12 assert such violation as a claim or defense in a judicial
13 or administrative proceeding and obtain appropriate relief,
14 including damages, injunctive relief, or other redress.
15 b. Standing to assert a claim or defense under this section
16 shall be governed by general federal and state doctrines of
17 standing.
18 c. The plaintiff, if the prevailing party, may also recover
19 reasonable attorney fees and costs.
20 2. a. Prior to a parent or guardian filing suit against
21 a school district for an alleged violation of section 279.50,
22 279.77, 279.78, 279.79, or 279.80, the parent or guardian shall
23 submit a written complaint to the local board of directors of
24 the school district detailing the alleged violation.
25 b. The local board of directors of the school district
26 shall have fifty calendar days from receipt of the complaint
27 to determine if a violation has been committed and, if the
28 local board of directors of the school district determines a
29 violation has been committed, to remedy the violation. If the
30 local board of directors of the school district does not remedy
31 the violation in a timely manner, the parent or guardian may
32 file suit against the school district under this section.
33 3. A government entity shall indemnify the entity’s
34 employees for any liability incurred by the employee and for
35 any judgment entered against the employee for claims arising
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1 under this section. A government entity shall not be required
2 to indemnify an employee if the employee was convicted of a
3 crime for the violation from which the claim arises.
4 EXPLANATION
5 The inclusion of this explanation does not constitute agreement with
6 the explanation’s substance by the members of the general assembly.
7 This bill relates to the rights of parents and guardians, and
8 provides a private cause of action.
9 The bill provides for a private cause of action under Code
10 chapter 601 (parents and guardians —— rights). New Code
11 section 601.2 (parents and guardians —— private cause of
12 action) provides that a parent or guardian who alleges the
13 parent’s or guardian’s rights under Code chapter 601 or under
14 Code section 279.50 (human growth and development instruction
15 —— early intervention programs), 279.77 (transparency ——
16 publication of school district information), 279.78 (parental
17 rights in education), 279.79 (surveys —— required parent or
18 guardian consent), or 279.80 (sexual orientation and gender
19 identity —— prohibited instruction) have been violated may
20 assert such violation as a claim or defense in a judicial
21 or administrative proceeding and obtain appropriate relief,
22 including damages, injunctive relief, or other redress. The
23 bill provides that standing to assert a claim or defense shall
24 be governed by general federal and state doctrines of standing,
25 and that a prevailing plaintiff may also recover reasonable
26 attorney fees and costs. Under the bill, prior to a parent
27 or guardian filing suit against a school district for an
28 alleged violation of the specified sections of Code chapter
29 279, the parent or guardian shall submit a written complaint to
30 the school district’s local board of directors detailing the
31 alleged violation. The local board of directors of the school
32 district has 50 calendar days from receipt of the complaint to
33 determine if a violation has been committed and, if the local
34 board of directors determines a violation has been committed,
35 to remedy the violation. If a violation is not remedied in a
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1 timely manner, the parent or guardian may file suit against the
2 school district under the private cause of action provisions.
3 The bill requires that a government entity indemnify the
4 entity’s employees for any liability incurred by the employee
5 and for any judgment entered against the employee for claims
6 arising under the bill. A government entity is not required to
7 indemnify an employee if the employee was convicted of a crime
8 for the conduct from which the claim arises.
9 The bill creates new Code section 279.84 to provide that in
10 addition to any other remedy provided by law, new Code section
11 601.2 relating to a private cause of action by a parent or
12 guardian shall apply to an alleged violation of Code section
13 279.50, 279.77, 279.78, 279.79, or 279.80.
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