§ 280.21 — Corporal punishment — burden of proof

Iowa § 280.21

• Jurisdiction: Iowa
• Title VII: EDUCATION, HISTORY, AND CULTURE
• Ch. 280: UNIFORM SCHOOL REQUIREMENTS

Text

1. An employee of a public school district, accredited nonpublic school, or area education
agency shall not inflict, or cause to be inflicted, corporal punishment upon a student. For
purposesofthissection, “corporalpunishment”meanstheintentionalphysicalpunishmentof
a student. An employee’s physical contact with the body of a student shall not be considered
corporal punishment if it is reasonable and necessary under the circumstances and is not
designed or intended to cause pain or if the employee uses reasonable force, as defined under
section 704.1, for the protection of the employee, the student, or other students; to obtain
the possession of a weapon or other dangerous object within a student’s control; or for the
protection of property. The department of education shall adopt rules to implement this
section.
2. A school employee who, in the reasonable course of the employee’s employment
responsibilities, comes into physical contact with a student shall be granted immunity from
any civil or criminal liability which might otherwise be incurred or imposed as a result of
such physical contact, if the physical contact is reasonable under the circumstances and
involves any of the following:
a. Encouraging, supporting, or disciplining the student.
b. Protecting the employee, the student, or other students.
c. Obtaining possession of a weapon or other dangerous object within a student’s control.
d. Protecting employee, student, or school property.
e. Quelling a disturbance or preventing an act threatening physical harm to any person.

f. Removing a disruptive student from class or any area of the school premises, or from
school-sponsored activities off school premises.
g. Preventing a student from the self-infliction of harm.
h. Self-defense.
i. Any other legitimate educational activity.
3. To prevail in a civil action alleging a violation of this section the party bringing the
action shall prove the violation by clear and convincing evidence. Any school employee
determined in a civil action to have been wrongfully accused under this section shall be
awarded reasonable monetary damages, in light of the circumstances involved, against the
party bringing the action.
4. A school employee’s employer and the board of educational examiners shall not
engage in reprisal or retaliation against a school employee who, in the reasonable course of
the employee’s employment responsibilities, comes into physical contact with a student in
accordance with this section.
5. A public school district or area education agency shall provide to all teachers employed
by the public school district or area education agency a copy of this section with the initial
employment contract and with each notice of renewal of the employment contract.