Bill Text: IA HF2361 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to state and school antiharassment and antibullying policies, providing for training for school personnel, establishing a bullying and violence prevention student mentoring pilot program, and providing for a school climate and bullying prevention work group.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-14 - Introduced, referred to Education. H.J. 271. [HF2361 Detail]
Download: Iowa-2017-HF2361-Introduced.html
House File 2361 - Introduced HOUSE FILE BY HALL A BILL FOR 1 An Act relating to state and school antiharassment and 2 antibullying policies, providing for training for school 3 personnel, establishing a bullying and violence prevention 4 student mentoring pilot program, and providing for a school 5 climate and bullying prevention work group. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 6059YH (2) 87 je/rj PAG LIN 1 1 Section 1. Section 256.9, Code 2018, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 60. Subject to an appropriation of funds by 1 4 the general assembly, ensure each school district has access to 1 5 adequate training on conducting investigations of complaints of 1 6 incidents of harassment or bullying pursuant to section 280.28 1 7 by offering such training on an annual basis to at least one 1 8 employee per district. 1 9 Sec. 2. NEW SECTION. 256.25 Bullying and violence 1 10 prevention student mentoring pilot program. 1 11 1. Subject to an appropriation of funds by the general 1 12 assembly, the department shall establish a student mentoring 1 13 pilot program to explore how student leadership can help 1 14 prevent bullying and violence in schools. The program shall 1 15 promote best practices for bullying and violence prevention for 1 16 middle and high school students. 1 17 2. The department shall establish the program in at least 1 18 two middle schools and two high schools in the state. The 1 19 selected schools shall include both urban and rural schools. 1 20 3. The department shall establish criteria for the 1 21 selection of participating schools and evaluation of the 1 22 program. 1 23 Sec. 3. Section 280.28, subsection 2, paragraphs a and c, 1 24 Code 2018, are amended to read as follows: 1 25 a. "Electronic" means any communication involving the 1 26 transmission of information by wire, radio, optical cable, 1 27 electromagnetic, or other similar means. "Electronic" includes 1 28 but is not limited to communication via electronic mail, 1 29 internet=based communications including social networking 1 30 sites, pager service, cell phones,andelectronic text 1 31 messaging, or any other electronic communication site, device, 1 32 or means. 1 33 c. "Trait or characteristic of the student" includes but 1 34 is not limited to age, color, creed, national origin, race, 1 35 religion, marital status, sex, sexual orientation, gender 2 1 identity, physical attributes, physical or mental ability or 2 2 disability, ancestry, political party preference, political 2 3 belief, socioeconomic status,orfamilial status, behavior, or 2 4 any other distinguishing characteristic. This paragraph shall 2 5 be construed broadly to achieve the purposes of this section. 2 6 Sec. 4. Section 280.28, subsection 3, Code 2018, is amended 2 7 by adding the following new paragraph: 2 8 NEW PARAGRAPH. h. A procedure for the notification as 2 9 soon as practicable of the parents or guardians of the alleged 2 10 targeted students and perpetrators in a reported incident 2 11 of harassment or bullying. The procedure shall include an 2 12 exception to the notification requirement if a school official 2 13 or a student whose parent or guardian would otherwise be 2 14 notified reasonably believes notification would subject the 2 15 student to rejection, abuse, or neglect. 2 16 Sec. 5. Section 280.28, Code 2018, is amended by adding the 2 17 following new subsections: 2 18 NEW SUBSECTION. 9. Authority off school grounds. 2 19 a. A school official may investigate and impose school 2 20 discipline in a founded case of harassment or bullying that 2 21 occurs outside of school, off of school property, or away from 2 22 a school function or school=sponsored activity if all of the 2 23 following apply: 2 24 (1) An incident of harassment or bullying is reported 2 25 pursuant to the school's policy adopted under subsection 3, 2 26 paragraph "e". 2 27 (2) The alleged incident of harassment or bullying has 2 28 an effect on a student on school grounds that creates an 2 29 objectively hostile school environment that meets one or more 2 30 of the conditions set out under subsection 2, paragraph "b". 2 31 b. A school official's investigation and response to an 2 32 alleged incident of bullying or harassment that occurs outside 2 33 of school, off of school property, or away from a school 2 34 function or school=sponsored activity may include referring 2 35 the matter to appropriate community=based agencies including 3 1 but not limited to social services agencies, law enforcement 3 2 agencies, and nonprofit organizations. 3 3 NEW SUBSECTION. 10. Rule of construction. This section 3 4 shall not be construed to diminish a school administrator's 3 5 discretion to impose discipline or take other action in the 3 6 case of an unfounded incident of harassment or bullying if a 3 7 student's behavior otherwise constitutes student misconduct 3 8 based on other grounds. 3 9 Sec. 6. SCHOOL CLIMATE AND BULLYING PREVENTION WORK GROUP. 3 10 1. The department of education shall convene a 3 11 public=private work group of representatives of state and local 3 12 agencies, citizens, community groups, and organizations who 3 13 have experience and expertise in the areas of antibullying 3 14 education, research, and training. The work group, after 3 15 reviewing existing research, data, and strategies, shall 3 16 provide recommendations to the department regarding best 3 17 practices, training, resources, additional research needs, 3 18 data collection, changes to state law and administrative 3 19 rules, and any other matters to enhance statewide school 3 20 climate improvement and bullying prevention, awareness, and 3 21 intervention. 3 22 2. The membership of the work group shall include but not 3 23 be limited to the following, to be appointed by the director 3 24 of the department of education: 3 25 a. At least three Iowans who are experts in research=based 3 26 antibullying curricula or programs. 3 27 b. A public or nonpublic high school student. 3 28 c. A parent of a student enrolled in a public elementary or 3 29 secondary school on a full=time basis. 3 30 d. A parent of a student enrolled in a nonpublic elementary 3 31 or secondary school on a full=time basis. 3 32 e. A member from nominees submitted by the school 3 33 administrators of Iowa. 3 34 f. A member from nominees submitted by the Iowa association 3 35 of school boards. 4 1 g. A member from nominees submitted by the Iowa state 4 2 education association. 4 3 h. Representatives from any organizations representing 4 4 other relevant public or nonpublic school professionals. 4 5 i. A representative from a statewide organization that 4 6 provides research=based training on bullying for school 4 7 professionals. 4 8 j. A representative from at least one statewide 4 9 organization with at least five years' experience in advocating 4 10 on bullying prevention based on research=based best practices. 4 11 k. A representative for children placed in foster care. 4 12 l. A representative of school counselors. 4 13 m. A member from nominees submitted by the Iowa parent 4 14 teacher association. 4 15 3. When making appointments to the work group, the director 4 16 shall ensure that public, nonpublic, urban, and rural schools 4 17 are adequately represented by the membership of the work group. 4 18 4. The work group shall also include two ex officio members 4 19 of each house of the general assembly. One member each shall 4 20 be selected by the majority leader of the senate and by the 4 21 minority leader of the senate, and one member each shall be 4 22 selected by the speaker of the house of representatives and by 4 23 the minority leader of the house of representatives. Members 4 24 of the general assembly shall serve for terms as provided in 4 25 section 69.16B and shall be entitled to receive per diem and 4 26 necessary travel and actual expenses pursuant to section 2.10, 4 27 subsection 5, while carrying out their official duties as 4 28 members of the work group. 4 29 5. The department shall convene the work group by October 4 30 1, 2018. The work group shall submit its findings and 4 31 recommendations in a final report to the department and the 4 32 chairpersons and ranking members of the senate and house 4 33 committees on education by December 28, 2018. 4 34 EXPLANATION 4 35 The inclusion of this explanation does not constitute agreement with 5 1 the explanation's substance by the members of the general assembly. 5 2 This bill requires the director of the department of 5 3 education, subject to an appropriation of funds by the general 5 4 assembly, to ensure that each school district has access to 5 5 adequate training on conducting investigations of complaints of 5 6 incidents of harassment or bullying pursuant to Code section 5 7 280.28, the state law relating to school antiharassment and 5 8 antibullying policies, by offering such training on an annual 5 9 basis to at least one employee per district. 5 10 The bill requires the department of education, subject to an 5 11 appropriation of funds by the general assembly, to establish 5 12 a student mentoring pilot program to explore how student 5 13 leadership can help prevent bullying and violence in schools. 5 14 The program shall promote best practices for bullying and 5 15 violence prevention for middle and high school students. The 5 16 department must establish the program in at least two middle 5 17 schools and two high schools, which shall include both urban 5 18 and rural schools. The department must establish criteria 5 19 for selection of participating schools and evaluation of the 5 20 program. 5 21 The bill modifies the definition of "electronic" under Code 5 22 section 280.28 by adding any other electronic communication 5 23 site, device, or means to the definition and by including 5 24 social networking sites as part of the term "internet=based 5 25 communications". 5 26 Under Code section 280.28, subsection 2, "harassment" and 5 27 "bullying" shall be construed to mean any electronic, written, 5 28 verbal, or physical act or conduct toward a student which is 5 29 based on any actual or perceived trait or characteristic of 5 30 the student and which creates an objectively hostile school 5 31 environment that meets one or more of certain conditions. The 5 32 bill modifies the definition of "harassment" and "bullying" 5 33 under Code section 280.28 by adding behavior or any other 5 34 distinguishing characteristic to the definition. The bill 5 35 provides that the definition of "harassment" and "bullying" is 6 1 to be construed broadly to achieve the purposes of the law. 6 2 The bill requires school antiharassment and antibullying 6 3 policies to include a procedure for the notification as soon as 6 4 practicable of the parents or guardians of the alleged targeted 6 5 students and perpetrators in a reported incident of harassment 6 6 or bullying. The procedure must include an exception to the 6 7 notification requirement if a school official or a student 6 8 whose parent or guardian would otherwise be notified reasonably 6 9 believes notification would subject the targeted student to 6 10 rejection, abuse, or neglect. 6 11 The bill grants school officials the authority to 6 12 investigate and impose school discipline or take other action 6 13 in cases of alleged incidents of harassment or bullying that 6 14 occur outside of school, off of school property, or away from 6 15 school functions or school=sponsored activities if certain 6 16 conditions are met. Those conditions are that an incident of 6 17 harassment or bullying is reported pursuant to the school's 6 18 antiharassment and antibullying policy; and that the alleged 6 19 incident of harassment or bullying has an effect on school 6 20 grounds that creates an objectively hostile school environment 6 21 that places the student in reasonable fear of harm to the 6 22 student's person or property; has a substantially detrimental 6 23 effect on the student's physical or mental health; has the 6 24 effect of substantially interfering with a student's academic 6 25 performance; or has the effect of substantially interfering 6 26 with the student's ability to participate in or benefit from 6 27 the services, activities, or privileges provided by a school. 6 28 The bill provides that a school official's investigation 6 29 and response to an alleged incident of bullying or harassment 6 30 that occurs outside of school, off of school property, or away 6 31 from a school function or school=sponsored activity may include 6 32 referring the matter to appropriate community=based agencies. 6 33 The bill provides that Code section 280.28 shall not be 6 34 construed to diminish a school administrator's discretion 6 35 to impose discipline or take other action in the case of an 7 1 unfounded incident of harassment or bullying if a student's 7 2 behavior otherwise constitutes student misconduct based on 7 3 other grounds. 7 4 The bill requires the department of education to convene 7 5 a public=private work group of representatives of state and 7 6 local agencies, citizens, community groups, and organizations 7 7 who have experience and expertise in the areas of antibullying 7 8 education, research, and training. The work group, after 7 9 reviewing existing research, data, and strategies, shall 7 10 provide recommendations to the department regarding matters 7 11 to enhance statewide school climate improvement and bullying 7 12 prevention, awareness, and intervention. The bill provides for 7 13 membership of the work group to be appointed by the director of 7 14 the department. When making appointments to the work group, 7 15 the director must ensure that public, nonpublic, urban, and 7 16 rural schools are adequately represented by the membership 7 17 of the work group. The work group shall also include ex 7 18 officio legislative members. The department must convene the 7 19 work group by October 1, 2018. The work group must submit 7 20 its findings and recommendations in a final report to the 7 21 department and the chairpersons and ranking members of the 7 22 senate and house committees on education by December 28, 2018. LSB 6059YH (2) 87 je/rj
