280.26 Intervention in altercations.
1. An employee of a public school district, accredited nonpublic school, or area education agency may intervene in a fight or physical struggle occurring among students or between students and nonstudents that takes place in the presence of the school employee in a school building, on school premises, or at any school function or school-sponsored activity regardless of its location. The degree and force of the intervention may be as reasonably necessary, in the opinion of the school employee, to restore order and protect the safety of the individuals involved in the altercation and others in the vicinity of the altercation.
2. A person who is not an employee of a public school district, accredited nonpublic school, or area education agency may intervene in a fight or physical struggle occurring among students, or between students and nonstudents, that takes place in the presence of the nonemployee in a school building, on school premises, or at any school function or school-sponsored activity regardless of its location. The intervention may occur in the absence of an employee of a public school district, accredited nonpublic school, or area education agency, or at the request of such an employee, utilizing the degree and force of intervention reasonably necessary to restore order and protect the safety of the individuals involved in the altercation and others in the vicinity of the altercation. However, a person who intervenes in the absence of an employee of a public school district, accredited nonpublic school, or area education agency shall report the intervention and all relevant information regarding the situation as soon as reasonably possible to such an employee.
3. An employee of a public school district, accredited nonpublic school, or area education agency who intervenes in a fight or physical struggle pursuant to subsection 1 shall be awarded reasonable monetary damages against a party bringing a civil action alleging a violation of this section, if it is determined in the action that the employee has been wrongfully accused. A nonemployee of a public school district, accredited nonpublic school, or area education agency who intervenes in a fight or physical struggle pursuant to subsection 2 shall be limited to the recovery of reasonable attorney fees and court costs, if it is determined in a civil action alleging a violation of this section that the nonemployee has been wrongfully accused.
98 Acts, ch 1195, §2; 2018 Acts, ch 1057, §11
Structure Iowa Code
Title VII - EDUCATION AND CULTURAL AFFAIRS
Chapter 280 - UNIFORM SCHOOL REQUIREMENTS
Section 280.3 - Educational program — attendance center requirements.
Section 280.3A - Accredited nonpublic school child care programs.
Section 280.4 - Limited English proficiency — weighting.
Section 280.5 - Display of United States flag and Iowa state flag — pledge of allegiance.
Section 280.6 - Religious books.
Section 280.7 - Dental clinics.
Section 280.7A - Student eye care.
Section 280.8 - Special education.
Section 280.9 - Career education.
Section 280.9A - History and government required — voter registration.
Section 280.9B - Violence prevention curriculum.
Section 280.10 - Eye-protective devices.
Section 280.11 - Ear-protective devices.
Section 280.12 - School improvement advisory committee.
Section 280.13 - Requirements for interscholastic athletic contests and competitions.
Section 280.13A - Sharing interscholastic activities.
Section 280.13B - Recording and broadcast fees restricted.
Section 280.13C - Concussion and brain injury policies.
Section 280.14 - School requirements — administration.
Section 280.15 - Joint employment and sharing.
Section 280.16A - Epinephrine auto-injector supply.
Section 280.17 - Procedures for handling child abuse reports.
Section 280.17A - Procedures for handling dangerous weapons.
Section 280.17B - Students suspended or expelled for possession of dangerous weapons.
Section 280.18 - Student achievement goals.
Section 280.19 - Plans for at-risk children.
Section 280.19A - Alternative options education programs — disclosure of records.
Section 280.20 - Career and technical agriculture education.
Section 280.21 - Corporal punishment — burden of proof.
Section 280.21A - Leave — episode of violence.
Section 280.21B - Expulsion — weapons in school.
Section 280.22 - Student exercise of free expression.
Section 280.23 - Student health services.
Section 280.24 - Procedures for reporting drug or alcohol possession or use.
Section 280.25 - Information sharing — interagency agreements.
Section 280.26 - Intervention in altercations.
Section 280.27 - Reporting violence — immunity.
Section 280.28 - Harassment and bullying prohibited — policy — immunity.
Section 280.30 - High-quality school building emergency operations plans.