Bill Text: IA SF2182 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to rights of a parent or guardian including rights relating to medical care and education, and providing for a private cause of action.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-06 - Subcommittee: Rozenboom, Cournoyer, and Quirmbach. S.J. 227. [SF2182 Detail]
Download: Iowa-2023-SF2182-Introduced.html
Senate
File
2182
-
Introduced
SENATE
FILE
2182
BY
SINCLAIR
A
BILL
FOR
An
Act
relating
to
rights
of
a
parent
or
guardian
including
1
rights
relating
to
medical
care
and
education,
and
providing
2
for
a
private
cause
of
action.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2182
Section
1.
NEW
SECTION
.
279.84
Parents
and
guardians
——
1
private
cause
of
action.
2
In
addition
to
any
other
remedy
provided
by
law,
section
3
601.2
relating
to
a
private
cause
of
action
by
a
parent
or
4
guardian
shall
apply
to
an
alleged
violation
of
section
279.50,
5
279.77,
279.78,
279.79,
or
279.80.
6
Sec.
2.
NEW
SECTION
.
601.2
Parents
and
guardians
——
private
7
cause
of
action.
8
1.
a.
A
parent
or
guardian
who
alleges
the
parent’s
or
9
guardian’s
rights
under
this
chapter,
or
under
section
279.50,
10
279.77,
279.78,
279.79,
or
279.80
have
been
violated
may
11
assert
such
violation
as
a
claim
or
defense
in
a
judicial
12
or
administrative
proceeding
and
obtain
appropriate
relief,
13
including
damages,
injunctive
relief,
or
other
redress.
14
b.
Standing
to
assert
a
claim
or
defense
under
this
section
15
shall
be
governed
by
general
federal
and
state
doctrines
of
16
standing.
17
c.
The
plaintiff,
if
the
prevailing
party,
may
also
recover
18
reasonable
attorney
fees
and
costs.
19
2.
a.
Prior
to
a
parent
or
guardian
filing
suit
against
20
a
school
district
for
an
alleged
violation
of
section
279.50,
21
279.77,
279.78,
279.79,
or
279.80,
the
parent
or
guardian
shall
22
submit
a
written
complaint
to
the
local
board
of
directors
of
23
the
school
district
detailing
the
alleged
violation.
24
b.
The
local
board
of
directors
of
the
school
district
25
shall
have
fifty
calendar
days
from
receipt
of
the
complaint
26
to
determine
if
a
violation
has
been
committed
and,
if
the
27
local
board
of
directors
of
the
school
district
determines
a
28
violation
has
been
committed,
to
remedy
the
violation.
If
the
29
local
board
of
directors
of
the
school
district
does
not
remedy
30
the
violation
in
a
timely
manner,
the
parent
or
guardian
may
31
file
suit
against
the
school
district
under
this
section.
32
3.
A
government
entity
shall
indemnify
the
entity’s
33
employees
for
any
liability
incurred
by
the
employee
and
for
34
any
judgment
entered
against
the
employee
for
claims
arising
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under
this
section.
A
government
entity
shall
not
be
required
1
to
indemnify
an
employee
if
the
employee
was
convicted
of
a
2
crime
for
the
violation
from
which
the
claim
arises.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
the
rights
of
parents
and
guardians,
and
7
provides
a
private
cause
of
action.
8
The
bill
provides
for
a
private
cause
of
action
under
Code
9
chapter
601
(parents
and
guardians
——
rights).
New
Code
10
section
601.2
(parents
and
guardians
——
private
cause
of
11
action)
provides
that
a
parent
or
guardian
who
alleges
the
12
parent’s
or
guardian’s
rights
under
Code
chapter
601
or
under
13
Code
section
279.50
(human
growth
and
development
instruction
14
——
early
intervention
programs),
279.77
(transparency
——
15
publication
of
school
district
information),
279.78
(parental
16
rights
in
education),
279.79
(surveys
——
required
parent
or
17
guardian
consent),
or
279.80
(sexual
orientation
and
gender
18
identity
——
prohibited
instruction)
have
been
violated
may
19
assert
such
violation
as
a
claim
or
defense
in
a
judicial
20
or
administrative
proceeding
and
obtain
appropriate
relief,
21
including
damages,
injunctive
relief,
or
other
redress.
The
22
bill
provides
that
standing
to
assert
a
claim
or
defense
shall
23
be
governed
by
general
federal
and
state
doctrines
of
standing,
24
and
that
a
prevailing
plaintiff
may
also
recover
reasonable
25
attorney
fees
and
costs.
Under
the
bill,
prior
to
a
parent
26
or
guardian
filing
suit
against
a
school
district
for
an
27
alleged
violation
of
the
specified
sections
of
Code
chapter
28
279,
the
parent
or
guardian
shall
submit
a
written
complaint
to
29
the
school
district’s
local
board
of
directors
detailing
the
30
alleged
violation.
The
local
board
of
directors
of
the
school
31
district
has
50
calendar
days
from
receipt
of
the
complaint
to
32
determine
if
a
violation
has
been
committed
and,
if
the
local
33
board
of
directors
determines
a
violation
has
been
committed,
34
to
remedy
the
violation.
If
a
violation
is
not
remedied
in
a
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2182
timely
manner,
the
parent
or
guardian
may
file
suit
against
the
1
school
district
under
the
private
cause
of
action
provisions.
2
The
bill
requires
that
a
government
entity
indemnify
the
3
entity’s
employees
for
any
liability
incurred
by
the
employee
4
and
for
any
judgment
entered
against
the
employee
for
claims
5
arising
under
the
bill.
A
government
entity
is
not
required
to
6
indemnify
an
employee
if
the
employee
was
convicted
of
a
crime
7
for
the
conduct
from
which
the
claim
arises.
8
The
bill
creates
new
Code
section
279.84
to
provide
that
in
9
addition
to
any
other
remedy
provided
by
law,
new
Code
section
10
601.2
relating
to
a
private
cause
of
action
by
a
parent
or
11
guardian
shall
apply
to
an
alleged
violation
of
Code
section
12
279.50,
279.77,
279.78,
279.79,
or
279.80.
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