Bill Text: IA HF490 | 2015-2016 | 86th 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, providing for a school climate and bullying work group, and making appropriations. (Formerly HSB 39)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-03-04 - Introduced, referred to Appropriations. H.J. 463. [HF490 Detail]
Download: Iowa-2015-HF490-Introduced.html
House File 490 - Introduced HOUSE FILE BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 39) 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, providing for a school 5 climate and bullying work group, and making appropriations. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1414HV (2) 86 je/nh PAG LIN 1 1 Section 1. Section 256.9, Code 2015, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 66. 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. 256.34 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 2015, 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 2015, 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 2015, 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) A parent, guardian, student, school employee, or 2 25 volunteer reports an incident of harassment or bullying 2 26 pursuant to the school's policy adopted under subsection 3, 2 27 paragraph "e". 2 28 (2) The alleged incident of harassment or bullying has 2 29 an effect on a student on school grounds that creates an 2 30 objectively hostile school environment that meets one or more 2 31 of the conditions set out under subsection 2, paragraph "b". 2 32 b. A school official's investigation and response to an 2 33 alleged incident of bullying or harassment that occurs outside 2 34 of school, off of school property, or away from a school 2 35 function or school=sponsored activity may include referring 3 1 the matter to appropriate community=based agencies including 3 2 but not limited to social services agencies, law enforcement 3 3 agencies, and nonprofit organizations. 3 4 NEW SUBSECTION. 10. Rule of construction. This section 3 5 shall not be construed to diminish a school administrator's 3 6 discretion to impose discipline or take other action in the 3 7 case of an unfounded incident of harassment or bullying if a 3 8 student's behavior otherwise constitutes student misconduct 3 9 based on other grounds. 3 10 Sec. 6. Section 282.18, subsection 11, Code 2015, is amended 3 11 to read as follows: 3 12 11. A pupil who participates in open enrollment for purposes 3 13 of attending a grade in grades nine through twelve in a school 3 14 district other than the district of residence is ineligible to 3 15 participate in varsity interscholastic athletic contests and 3 16 athletic competitions during the pupil's first ninety school 3 17 days of enrollment in the district except that the pupil may 3 18 participate immediately in a varsity interscholastic sport if 3 19 the pupil is entering grade nine for the first time and did 3 20 not participate in an interscholastic athletic competition for 3 21 another school or school district during the summer immediately 3 22 following eighth grade, if the district of residence and the 3 23 other school district jointly participate in the sport, if the 3 24 sport in which the pupil wishes to participate is not offered 3 25 in the district of residence, if the pupil chooses to use 3 26 open enrollment to attend school in another school district 3 27 because the district in which the student previously attended 3 28 school was dissolved and merged with one or more contiguous 3 29 school districts under section 256.11, subsection 12, if the 3 30 pupil participates in open enrollment because the pupil's 3 31 district of residence has entered into a whole grade sharing 3 32 agreement with another district for the pupil's grade, or if 3 33 the parent or guardian of the pupil participating in open 3 34 enrollment is an active member of the armed forces and resides 3 35 in permanent housing on government property provided by a 4 1 branch of the armed services, or if the district of residence 4 2 determines that the pupil was subject to a founded incident 4 3 of harassment or bullying as defined in section 280.28 while 4 4 attending school in the district of residence in the current or 4 5 previous school year and both the district of residence and the 4 6 other school district agree to allow the pupil to participate 4 7 immediately in a varsity interscholastic sport. A pupil who 4 8 has paid tuition and attended school, or has attended school 4 9 pursuant to a mutual agreement between the two districts, 4 10 in a district other than the pupil's district of residence 4 11 for at least one school year is also eligible to participate 4 12 immediately in interscholastic athletic contests and athletic 4 13 competitions under this section, but only as a member of a team 4 14 from the district that pupil had attended. For purposes of 4 15 this subsection, "school days of enrollment" does not include 4 16 enrollment in summer school. For purposes of this subsection, 4 17 "varsity" means the same as defined in section 256.46. 4 18 Sec. 7. SCHOOL CLIMATE AND BULLYING WORK GROUP. 4 19 1. The department of education shall convene a 4 20 public=private work group of representatives of state and local 4 21 agencies, citizens, community groups, and organizations who 4 22 have experience and expertise in the areas of antibullying 4 23 education, research, and training. The work group, after 4 24 reviewing existing research, data, and strategies, shall 4 25 provide recommendations to the department regarding best 4 26 practices, training, resources, additional research needs, 4 27 data collection, changes to state law and administrative 4 28 rules, and any other matters to enhance statewide school 4 29 climate improvement and bullying prevention, awareness, and 4 30 intervention. 4 31 2. The membership of the work group shall include but not be 4 32 limited to the following, to be appointed by the director: 4 33 a. At least three Iowans who are experts in research=based 4 34 antibullying curricula or programs. 4 35 b. A public high school student and a nonpublic high school 5 1 student. 5 2 c. A parent of an elementary or secondary school student. 5 3 d. A member from nominees submitted by the school 5 4 administrators of Iowa. 5 5 e. A member from nominees submitted by the Iowa association 5 6 of school boards. 5 7 f. A member from nominees submitted by the Iowa state 5 8 education association. 5 9 g. Representatives from any organizations representing 5 10 other relevant school professionals. 5 11 h. A representative from a statewide organization that 5 12 provides research=based training on bullying for school 5 13 professionals. 5 14 i. A representative from at least one statewide 5 15 organization with at least five years' experience in advocating 5 16 on bullying prevention based on research=based best practices. 5 17 j. A representative for children placed in foster care. 5 18 k. A representative of school counselors. 5 19 l. A member from nominees submitted by the Iowa parent 5 20 teacher association. 5 21 3. When making appointments to the work group, the director 5 22 shall ensure that public, nonpublic, urban, and rural schools 5 23 are adequately represented by the membership of the work group. 5 24 4. The work group shall also include two ex officio members 5 25 of each house of the general assembly. One member each shall 5 26 be selected by the majority leader of the senate and by the 5 27 minority leader of the senate, and one member each shall be 5 28 selected by the speaker of the house of representatives and by 5 29 the minority leader of the house of representatives. Members 5 30 of the general assembly shall serve for terms as provided in 5 31 section 69.16B and shall be entitled to receive per diem and 5 32 necessary travel and actual expenses pursuant to section 2.10, 5 33 subsection 5, while carrying out their official duties as 5 34 members of the work group. 5 35 5. The department shall convene the work group by October 6 1 1, 2015. The work group shall submit its findings and 6 2 recommendations in a final report to the department and the 6 3 chairpersons and ranking members of the senate and house 6 4 education committees by December 15, 2016. 6 5 Sec. 8. APPROPRIATIONS. There is appropriated from the 6 6 general fund of the state to the department of education 6 7 for the fiscal year beginning July 1, 2015, and ending June 6 8 30, 2016, the following amounts, or so much thereof as is 6 9 necessary, to be used for the purposes designated: 6 10 1. For the provision of training on conducting 6 11 investigations of complaints of incidents of harassment or 6 12 bullying pursuant to section 256.9, subsection 66: 6 13 .................................................. $ 150,000 6 14 The department shall utilize a request for proposals process 6 15 to implement the training. 6 16 2. For the establishment of a bullying and violence 6 17 prevention student mentoring pilot program pursuant to section 6 18 256.34: 6 19 .................................................. $ 50,000 6 20 The department shall utilize a request for proposals process 6 21 to implement the pilot program. 6 22 EXPLANATION 6 23 The inclusion of this explanation does not constitute agreement with 6 24 the explanation's substance by the members of the general assembly. 6 25 This bill requires the director of the department of 6 26 education, subject to an appropriation of funds by the general 6 27 assembly, to ensure each school district has access to adequate 6 28 training on conducting investigations of complaints of 6 29 incidents of harassment or bullying pursuant to Code section 6 30 280.28, the state law relating to school antiharassment and 6 31 antibullying policies, by offering such training on an annual 6 32 basis to at least one employee per district. 6 33 The bill requires the department of education, subject to an 6 34 appropriation of funds by the general assembly, to establish 6 35 a student mentoring pilot program to explore how student 7 1 leadership can help prevent bullying and violence in schools. 7 2 The program shall promote best practices for bullying and 7 3 violence prevention for middle and high school students. The 7 4 department must establish the program in at least two middle 7 5 schools and two high schools, which shall include both urban 7 6 and rural schools. The department must establish criteria 7 7 for selection of participating schools and evaluation of the 7 8 program. 7 9 The bill modifies the definition of "electronic" under Code 7 10 section 280.28 by adding any other electronic communication 7 11 site, device, or means to the definition and by including 7 12 social networking sites as part of the term "internet=based 7 13 communications". 7 14 Under Code section 280.28, subsection 2, "harassment" and 7 15 "bullying" shall be construed to mean any electronic, written, 7 16 verbal, or physical act or conduct toward a student which is 7 17 based on any actual or perceived trait or characteristic of 7 18 the student and which creates an objectively hostile school 7 19 environment that meets one or more of certain conditions. The 7 20 bill modifies the definition of "harassment" and "bullying" 7 21 under Code section 280.28 by adding behavior or any other 7 22 distinguishing characteristic to the definition. The bill 7 23 provides that the definition of "harassment" and "bullying" is 7 24 to be construed broadly to achieve the purposes of the law. 7 25 The bill requires school antiharassment and antibullying 7 26 policies to include a procedure for the notification as soon as 7 27 practicable of the parents or guardians of the alleged targeted 7 28 students and perpetrators in a reported incident of harassment 7 29 or bullying. The procedure must include an exception to the 7 30 notification requirement if a school official or a student 7 31 whose parent or guardian would otherwise be notified reasonably 7 32 believes notification would subject the targeted student to 7 33 rejection, abuse, or neglect. 7 34 The bill grants school officials the authority to 7 35 investigate and impose school discipline or take other action 8 1 in cases of alleged incidents of harassment or bullying that 8 2 occur outside of school, off of school property, or away from 8 3 school functions or school=sponsored activities if certain 8 4 conditions are met. Those conditions are that a parent, 8 5 guardian, student, school employee, or volunteer reports an 8 6 incident of harassment or bullying pursuant to the school's 8 7 antiharassment and antibullying policy; and that the alleged 8 8 incident of harassment or bullying has an effect on school 8 9 grounds that creates an objectively hostile school environment 8 10 that places the student in reasonable fear of harm to the 8 11 student's person or property; has a substantially detrimental 8 12 effect on the student's physical or mental health; has the 8 13 effect of substantially interfering with a student's academic 8 14 performance; or has the effect of substantially interfering 8 15 with the student's ability to participate in or benefit from 8 16 the services, activities, or privileges provided by a school. 8 17 The bill provides that a school official's investigation 8 18 and response to an alleged incident of bullying or harassment 8 19 that occurs outside of school, off of school property, or away 8 20 from a school function or school=sponsored activity may include 8 21 referring the matter to appropriate community=based agencies, 8 22 including but not limited to social services agencies, law 8 23 enforcement agencies, and nonprofit organizations. 8 24 The bill provides that Code section 280.28 shall not be 8 25 construed to diminish a school administrator's discretion 8 26 to impose discipline or take other action in the case of an 8 27 unfounded incident of harassment or bullying if a student's 8 28 behavior otherwise constitutes student misconduct based on 8 29 other grounds. 8 30 Current law provides that a high school student who 8 31 participates in open enrollment in a school district other 8 32 than the student's district of residence is ineligible to 8 33 participate in varsity interscholastic athletic contests and 8 34 athletic competitions during the student's first 90 school 8 35 days of enrollment in the district. However, a student may 9 1 participate in a varsity interscholastic sport immediately upon 9 2 open enrollment under various exceptions to that requirement. 9 3 The bill adds an additional exception if a student's 9 4 district of residence determines that the student was subject 9 5 to a founded incident of harassment or bullying while attending 9 6 school in the district of residence in the current or previous 9 7 school year and both the district of residence and the other 9 8 school district agree to allow the pupil to participate 9 9 immediately in a varsity interscholastic sport. 9 10 The bill requires the department of education to convene 9 11 a public=private work group of representatives of state and 9 12 local agencies, citizens, community groups, and organizations 9 13 who have experience and expertise in the areas of antibullying 9 14 education, research, and training. The work group, after 9 15 reviewing existing research, data, and strategies, shall 9 16 provide recommendations to the department regarding matters 9 17 to enhance statewide school climate improvement and bullying 9 18 prevention, awareness, and intervention. The bill provides for 9 19 membership of the work group to be appointed by the director of 9 20 the department. When making appointments to the work group, 9 21 the director must ensure that public, nonpublic, urban, and 9 22 rural schools are adequately represented by the membership 9 23 of the work group. The work group shall also include ex 9 24 officio legislative members. The department must convene the 9 25 work group by October 1, 2015. The work group must submit 9 26 its findings and recommendations in a final report to the 9 27 department and the chairpersons and ranking members of the 9 28 senate and house education committees by December 15, 2016. 9 29 The bill appropriates from the general fund of the state to 9 30 the department of education for fiscal year 2015=2016, $150,000 9 31 for the provision of training on conducting investigations of 9 32 complaints of incidents of harassment or bullying pursuant to 9 33 the bill. 9 34 The bill appropriates from the general fund to the 9 35 department of education for fiscal year 2015=2016, $50,000 for 10 1 the establishment of a bullying and violence prevention student 10 2 mentoring pilot program pursuant to the bill. 10 3 The department must utilize a request for proposals process 10 4 to implement the training and the pilot program. LSB 1414HV (2) 86 je/nh
