SF 2428 Resources

Over the past several weeks, we have heard many questions and thoughtful concerns regarding Senate File 2428 (the "Behavior Bill"). In response, representatives from SAI, IASB, and ISEA compiled resources to help navigate the implementation of SF 2428. We also wish to extend our appreciation to Special Education Consultant Wendy Parker, who was instrumental in providing several of these resources.

We've collected a few sample ORC planning tools and they are listed below under "Sample Tools."   

Notice:

The information shared here reflects our best understanding of the law and current guidance from the Iowa Department of Education (DE). We’ve put these resources together as a helpful guide, but it should not take the place of official district legal counsel.

Because every situation is unique, we strongly encourage districts to loop in their district legal counsel and/or reach out directly to the Department of Education whenever questions or uncertainties arise.


Table of Contents
  • Town Hall Webinar Recording
  • Downloadable Resources — these were all linked in the webinar slide deck
    • Department of Education (DE) Q&A Guidance
    • IASB Sample Policy Information
    • SAI Resources (implementation checklists, Matt Carver resources)
    • ISEA Resources for teacher roles, responsibilities, Oversight Review Committee
  • Sample Tools
  • FAQs from Town Hall Webinar Recording
August 20, 2026 Town Hall Webinar Recording

Downloaded Resources

The following resources were referenced in the August 20th webinar.

A Q&A format overview when applying the law regarding nonviolent and violent disruptions.

IASB created sample policy and regulations 503.11 – Disruptive Behavior. They will continue to keep districts apprised of further guidance and rulemaking from the DE that may impact the policy and accompanying regulations. 

Accessing Your Policy Primer Update

  • If you subscribe to Simbli's policy module, login to your Simbli account.
  • If you do not currently use Simbli's policy module, go here to access the Policy Reference Manual.
  • Once logged in, IASB policy updates and ancillary resources can be accessed under the IASB Policy Updates and Resources tab.

Implementation Checklists

Legal Services Director Matt Carver's insights on the law's intent and local implementation.

Sample Tools

School districts provided the following sample tools for your review. While we believe these tools meet legal requirements, please consult the Iowa Department of Education (DE) guidance and your district’s legal counsel.

FAQs

The following FAQs were posted, but not answered during the Aug. 20th webinar. If you'd like to listen to the questions answered during the webinar, you can view the last 30 minutes of the video.

Q. When does the required PL in the law have to be delivered? It says it has to be part of your PL plan but doesn’t say when it has to be delivered.
A. Since SF 2428 is already in effect, work to provide PL as soon as possible, with the likelihood of additional follow-up learning after additional materials and training are provided by the DE. 
Q. The law says if disciplinary action is taken, it is the principal’s responsibility to contact the parent. If the student is removed for a non violent offense and the principal decides to not take any other disciplinary action, does the principal still need to contact the parent or could the principal dictate that the teacher must do so?
A. No formal communication is required after the first removal of a general education student, if no discipline is given. Since such communication is discretionary, an administrator might encourage the classroom teacher to make such communication. 
Q. The law is written as K-5 and 6-12; what if you are a 5-8 middle school? Do you have to have two separate return policies or can you have one policy?
A. You will need to have two separate policies based on grade levels.
Q. Does this apply to PreK?
A. No.
Q. Can you clarify what is considered as a second removal? Is it the second time being removed from a specific teacher's classroom, or if a student is removed from Teacher A's classroom, then later removed from Teacher B's classroom, is that considered the second removal?
A. The second removal is the same teacher from the same class period.
Q. Does recess count as a classroom for removal? The FAQ is specific for transportation, but at an elementary level where recess is counted for instructional minutes, would playground count?
A. No, this is a bill focused on the classroom.
Q.  A "teacher's classroom" does not mean "the same teacher's classroom", right?
A. Administrators should defer to the legal guidance of district counsel if interpretation disagrees with that being provided through SAI supports. Due to the reference in DE FAQs relating to a student's ability to attend other classes after being removed from a particular class, SAI's current interpretation is that removal and return requirements depend on removal from a particular teacher's classroom. 
Q. Is there a definition to follow for what is considered "severe and pervasive" behavior when considering the maximum discipline?
A. There is not a clear definition of "severe and pervasive" under SF 2428. However, this discipline maximizer only applies upon the request of the teacher and school staff, and should consider factors such as frequency and extreme nature of such behavior. While this is not limited to multiple removals, the DE referenced "severe and pervasive" under a multiple removal FAQ to give context to the type of behavior that may be considered "severe and pervasive." 
Q. On what basis did you conclude that what counts as a "term" is determined locally? That word appears nowhere in the statute. The plain language of the law speaks only of "a semester, or the trimester or quarter equivalent".
A. Local districts determine use of semesters, trimesters, and/or quarters. 
Q. Is there more guidelines for what considers a disruption? What protection (for students and teachers alike) is there for what one person considers a reasonable non-violent 
disruption and someone else doesn’t?
A. If there is uncertainty, err on the side of the teacher's initial interpretation of the nonviolent or violent disruption, unless an administrator seeks legal advice or is able to point to clear language in district policy, Iowa law, or DE FAQs to clarify that the teacher's initial interpretation does not meet SF 2428 definitional requirements. 
Q. Can your guidance counselor count as a teacher if they teach classes?
A. This would depend on a determination as to whether the counselor is giving instruction in the class and whether their licensure and role would meet the definition of "classroom teacher" under SF 2428. This may be the case in some instances, but not in others. 
Q. "Violent disruption includes but is not limited to a disruption to classroom instruction that is a result of a threat of violence or an incident of violence." Can you clarify?
A. The language of SF 2428 reads that the threat needs to result in injury, property damage or assault to meet the definition of a violent removal. Analysis should also be performed to determine if the threat meets the definition of a nonviolent removal, depending on language used and whether the conduct would constitute disorderly conduct or one of the other definitions under nonviolent disruption. Even if student behavior does not meet either statutory definition for nonviolent or violent disruption under SF 2428, remember that staff may still have authority to remove the student from the classroom under other district policies. 
Q. Wondering about threats?  do they have to result in injury, property damage, or assault?
A. The language of SF 2428 reads that the threat needs to result in injury, property damage or assault to meet the definition of a violent removal. Analysis should also be performed to determine if the threat meets the definition of a nonviolent removal, depending on language used and whether the conduct would constitute disorderly conduct or one of the other definitions under nonviolent disruption. Even if student behavior does not meet either statutory definition for nonviolent or violent disruption under SF 2428, remember that staff may still have authority to remove the student from the classroom under other district policies. 
Q. If only two teachers offer do I still need to have the teachers vote?
A. As a matter of clarity for all involved, it would likely be best to have the vote.
Q. Is the committee limited to two or can it be bigger? We have many interested, should it go to a vote?
A. The committee should only consist of three members. Teachers within an attendance center will need to determine how they are selecting the two teachers, although an election of vote of some sort may likely be required if there is interest from more than two teachers.  Teachers within a particular attendance center may decide to elect or select alternates to fill the role of an absent teacher on the ORC at a given time. 
Q. Must ORC members get paid if meeting outside of contract hours to make these decisions?
A. The ORC does not need to have an ongoing role throughout the school year, but rather is required to make recommendations for returns after nonviolent removals and policy/guidelines relating to violent removals. Districts should follow the district master contract, individual contracts, and district policy to determine if involvement on the ORC will result in extra pay. 
Q. Can there be two teachers and a reserve set of teachers for the committee in case committee members are gone?
A. The committee should only consist of three members. Teachers within an attendance center will need to determine how they are selecting the two teachers. Teachers within a particular attendance center may decide to elect or select alternates to fill the role of an absent teacher on the ORC at a given time. 
Q. May the building principal be the administrative employee on ORC?
A. Yes.
Q. To clarify…teachers do not need to read the entire IEP only the accommodations/modifications and changes to those…correct?
A. Teachers must have access to the IEP but are only required to review those sections that are imperative to ensure their implementation of the plan, as well as verify that they have read changes to the plan. 
Q. Can the BIP be written to avoid automatic removal for violent behavior? Depending on student skills and needs, of course.
A. Yes. The BIP can drive what is considered a removal as well as how they will be handled.
Q. Classrooms that are specifically for students with high level of disruptive behaviors such as therapeutic classrooms, all of this law applies, correct?
A. There is no exemption for particular classrooms. However, supports in a particular plan or requirements to ensure that disability laws are followed and FAPE is provided will have significant impact on outcomes or actions in certain situations. 
Q. The bill states that the IEP team must meet "immediately subsequent to the student's removal." What is the expected timeline with the verbiage "immediately subsequent"?
A. The meeting should occur as soon as possible after the first removal, while still following all state and federal laws relating to notice and other procedural guidelines for conducting an IEP. If particular staff members are practicably unable to attend this expanded IEP meeting after the first removal, they are required to review meeting minutes or outlines and provide notice to the IEP team that they have done so. 
Q. Does an IEP meeting still need to be held after the first removal, if the student only has academic goals i their IEP (No behavior plan/goal)?
A. The DE FAQs do not make a distinction between students who have behavior plans and those who do not regarding the need for an IEP meeting after the first removal. 
Q.  A student with an IEP requires an IEP meeting after incident one, but then not again until 5 incidents in 15 days. However, do they also need a parent meeting after incident number two like those without an IEP?
A. Yes, after the second nonviolent removal during a grading period, the parent, student, and staff meeting (not an IEP meeting) would have to occur for IEP students as well. 
Q. Does ISS or OSS violate FAPE? Does that allow districts to avoid implementing the discipline requirements of the law?
A. The interplay between utilizing school discipline and ensuring that student disability rights are not violated has not changed. School employees will need to ensure that procedural and statutory rights of students are following (e.g., timely use of manifestation determination meeting). 
Q. If the student has the ability to go work in the special education room in their BIP after periods of dis-regulation. Would that be considered as a removal?
A. No, if the staff is providing a support within a student's BIP, this would not be considered a removal under SF 2428.
Q. Can a teacher remove a student with an IEP who also has a BIP that says the student can’t be removed as part of the BIP?
A. State and federal disability law supersedes new requirements under SF 2428 in such instances. Student plans should be followed unless staff members determine that an imminent student safety consideration necessitate taking an action outside of a student's plan. 
Q. Can you go through some scenarios on Question 45 on the FAQ around special education teacher assaulted by a student? In a district with multiple self-contained teachers or similar programs across buildings, could an assaulted teacher refuse student reentry?
A. A teacher could not deny reentry of the student to the classroom, if it is necessary to provide FAPE to that student. If it is determined that the student needs to return to the classroom in which a teacher was assaulted, this may be an instance during which the teacher decides to take paid leave from the district due to the assault. 
Q. As, I understand that IEP students should have an IEP meeting every 5th removal within 15 days, is that the same for non-IEP students?
A. No. This does not apply to general education students. 
Q. Do sub teachers and sub associate need to read IEPs before starting the day?
A. Work with your district IEP teams to determine which employees implement any particular student's IEP. In many cases, substitutes may not be considered to be implementing a student's plan. However, these employees should be kept informed regarding supports under a student's plan to ensure it is followed. Also, there are instances in which substitute teachers or associates may have been involved in a student's removal and should attend a required meeting under SF 2428, if practicable. 
Q. Question about the three days of leave for a teacher that has been injured. Is this part of their sick leave, or is this leave in addition to that or is that up to the district to decide?
A. No, if there is a connection between student violence and the teacher injury, the district needs to ensure that the teacher is fully compensated, outside of sick leave.
Q. Does a teacher injury in this bill differ from a workers comp claim? And is the three days of leave separate from workers comp? Should all or any of the injuries be treated through workers comp?
A. School districts should work with their district legal counsel and HR staff to determine when workers compensation is utilized. If workers compensation is used, school districts must ensure that such compensation is supplemented to fully pay the school employee if they were injured due to an act of violence, pursuant to Iowa Code §280.21A.
Q. If a student is removed  (non-violent) by a sub in class ‘A’, second offense, where they can not return the next day to that class.  What about a class where that sub would be serving the second day?  Can they attend?
A. Work with district legal counsel to determine whether or not a substitute teacher is considered a classroom teacher under SF 2428, and whether that employee has authority granted to classroom teachers under the law, along with the related protections. 
Q. Do sub teachers and sub associate need to read IEPs before starting the day?
A. Work with your district IEP teams to determine which employees implement any particular student's IEP. In many cases, substitutes may not be considered to be implementing a student's plan. However, these employees should be kept informed regarding supports under a student's plan to ensure it is followed. Also, there are instances in which substitute teachers or associates may have been involved in a student's removal and should attend a required meeting under SF 2428, if practicable. 
Q. Do all the expectations from the new law apply for subs? For example, if they remove a student with an IEP would they be required to attend the IEP meeting?
A. Work with district legal counsel to determine whether or not a substitute teacher is considered a classroom teacher under SF 2428, and whether that employee has authority granted to classroom teachers under the law, along with the related protections. While substitute teachers may not always be considered classroom teachers, they are school employees, so there may be instances during which those employees should attend an IEP or other statutorily required meeting, if practicable. 
Q. Are subs/long-term subs considered "teachers"?
A. Substitute teachers will not always meet the definition of a "classroom teacher" under SF 2428. Districts are encouraged to work with local legal counsel to determine how substitute teachers are classified for SF 2428 implementation purposes. 
Q. I know the law says teacher for almost all of this, but what are your suggestions/best practices for non-teaching staff for a violent behavior…that may or may not be in the classroom?
A. Districts may use SF 2428 as a framework, which a district might choose to follow regarding other instances of student violent. This is a discretionary decision on a district's part. Otherwise, a district may choose to follow disciplinary or other policies already in place prior to SF 2428. 
Q. Is a substitute teacher removal fall under the same requirements of a teacher, as written in the bill?
A. Substitute teachers will not always meet the definition of a "classroom teacher" under SF 2428. Districts are encouraged to work with local legal counsel to determine how substitute teachers are classified for SF 2428 implementation purposes. 

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