By October 1, 2019, State School Aid Act Section 166 requires school boards to adopt a disciplinary policy that, among other things, includes a financial penalty against a school district, ISD, or public school academy (PSA) employee who violates Revised School Code Section 1507, refers a student for an abortion, or assists a student in obtaining an abortion.
A school district, ISD, or PSA that fails to adopt this required policy by October 1, 2019 is subject to a $100,000 state aid deduction.
To assist our retainer clients in timely adopting the required policy, sample policy language is provided below.
Important: In determining how to incorporate the sample policy language, school officials and board members must consider that board policies often address the conduct of employees, board members, contracted services providers, visitors, and volunteers in various sections. School officials and board members will, therefore, need to consider whether they prefer to:
Employees, board members, contracted services providers, visitors, and volunteers shall comply with Revised School Code Section 1507 (sex education) and are prohibited, while on school property or acting within the scope of their respective board duties, employment, contracted services, or volunteerism from referring a student for an abortion or assisting a student in obtaining an abortion.
The [District] [ISD] [PSA] may investigate suspected violations of this Policy, and if a violation is substantiated, the [District] [ISD] [PSA] may discipline that person in accordance with Board Policy and any applicable collective bargaining agreement or employment contract. In addition, a person employed by the [District] [ISD] [PSA] found to have violated this Policy will be fined an amount totaling [insert amount not less than 3%] of the person’s annual compensation. Any fines collected by the [District] [ISD] [PSA] under this Policy shall be remitted to the state school aid fund.