Bill Text: IA SF2318 | 2013-2014 | 85th General Assembly | Amended
Bill Title: A bill for an act relating to state and school antiharassment and antibullying policies, establishing an office of support and analysis for safe schools, establishing a school climate improvement grant program, providing for training on harassment and bullying prevention and response, making appropriations, and including effective date provisions. (Formerly SSB 3149.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2014-04-25 - Fiscal note. SCS. [SF2318 Detail]
Download: Iowa-2013-SF2318-Amended.html
Senate
File
2318
-
Reprinted
SENATE
FILE
2318
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SSB
3149)
(As
Amended
and
Passed
by
the
Senate
March
18,
2014
)
A
BILL
FOR
An
Act
relating
to
state
and
school
antiharassment
and
1
antibullying
policies,
establishing
an
office
of
support
2
and
analysis
for
safe
schools,
establishing
a
school
3
climate
improvement
grant
program,
providing
for
training
4
on
harassment
and
bullying
prevention
and
response,
making
5
appropriations,
and
including
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
SF
2318
(4)
85
je/rj/jh
S.F.
2318
Section
1.
Section
135.11,
subsection
30,
Code
2014,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
256.2,
Code
2014,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
2A.
“Harassment”
and
“bullying”
mean
the
5
same
as
defined
in
section
280.28.
6
Sec.
3.
Section
256.7,
Code
2014,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
33.
Adopt
rules
incorporating
the
training
9
required
by
section
272.2,
subsection
19,
into
the
standards
10
for
school
district
or
attendance
center
teacher
professional
11
development
plans
in
accordance
with
section
284.6
and
school
12
district
or
attendance
center
administrator
professional
13
development
plans
in
accordance
with
section
284A.6.
14
Sec.
4.
Section
256.9,
Code
2014,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
65.
Submit
to
the
general
assembly
annually
17
by
January
1,
a
report
on
harassment
and
bullying
in
schools
in
18
this
state.
The
report
shall
include
harassment
and
bullying
19
incidence
data
reported
by
school
districts
and
accredited
20
nonpublic
schools
pursuant
to
section
280.28,
subsection
7,
21
including
the
number
of
founded
and
unfounded
reports
of
22
harassment
or
bullying
per
school
district
and
accredited
23
nonpublic
school;
relevant
response
data
from
the
Iowa
youth
24
survey;
outcome
data
for
the
school
climate
improvement
grant
25
program
established
by
section
256.101;
and
any
recommendations
26
relating
to
harassment
and
bullying
prevention
in
this
state.
27
The
department
shall
publish
the
report
on
the
department’s
28
internet
site.
29
Sec.
5.
NEW
SECTION
.
256.100
Office
of
support
and
analysis
30
for
safe
schools.
31
1.
The
office
of
support
and
analysis
for
safe
schools
32
is
established
in
the
department
to
coordinate
and
implement
33
the
state’s
efforts
to
prevent
and
respond
to
harassment
and
34
bullying.
35
-1-
SF
2318
(4)
85
je/rj/jh
1/
9
S.F.
2318
2.
The
office
shall
coordinate
efforts
between
state
1
agencies
and
promote
research-based
best
practices
for
2
programming
and
training
to
improve
school
learning
3
environments
and
school
safety.
The
office
shall
coordinate
4
with
appropriate
stakeholders
in
carrying
out
its
duties.
5
3.
The
office
shall:
6
a.
Assist
schools
in
the
implementation
of
section
280.28,
7
using
research-
and
outcome-based
best
practices.
8
b.
Develop
or
recommend
qualified
training
programs
for
9
training
required
by
section
272.2,
subsection
19.
10
c.
Coordinate
with
area
education
agencies
and
other
state
11
and
local
agencies
and
organizations
to
ensure
that
training
12
required
by
section
272.2,
subsection
19,
and
appropriate
13
mental
health
services
are
available
to
every
school
in
this
14
state.
15
d.
Provide
or
recommend
technical
assistance
and
training
16
to
school
employees
responsible
for
conducting
investigations
17
of
complaints
of
incidents
of
harassment
or
bullying
to
ensure
18
compliance
with
section
280.28.
19
e.
Administer
the
school
climate
improvement
grant
program
20
established
by
section
256.101.
21
f.
Analyze
harassment
and
bullying
incidence
data
reported
22
by
school
districts
and
accredited
nonpublic
schools
pursuant
23
to
section
280.28,
subsection
7,
and
response
data
from
the
24
Iowa
youth
survey.
The
office
may
use
its
analysis
to
provide
25
technical
assistance
to
school
districts
or
schools
to
improve
26
school
learning
environments
and
school
safety
and
to
achieve
27
compliance
with
section
280.28.
28
g.
Coordinate
with
the
department
of
public
health
and
29
other
public
and
private
agencies
and
organizations
in
the
30
administration
of
the
your
life
Iowa
initiative.
Contacts
with
31
the
initiative
relating
to
possible
harassment
or
bullying
32
shall
be
shared
with
the
office,
which
shall
assist
the
33
initiative
in
responding
to
such
contacts.
The
office
shall
34
maintain
compliance
with
applicable
federal
and
state
privacy
35
-2-
SF
2318
(4)
85
je/rj/jh
2/
9
S.F.
2318
laws
to
ensure
the
confidentiality
of
information
provided
to
1
the
initiative.
2
h.
Collaborate
with
the
department
of
public
health
and
3
other
state
agencies
in
the
administration
of
the
Iowa
youth
4
survey
to
students
in
grades
six,
eight,
and
eleven
in
Iowa’s
5
public
and
nonpublic
schools.
Survey
data
shall
be
evaluated
6
and
reported,
with
aggregate
data
available
online
at
the
Iowa
7
youth
survey
internet
site.
8
Sec.
6.
NEW
SECTION
.
256.101
School
climate
improvement
9
grant
program.
10
1.
A
school
climate
improvement
grant
program
is
11
established
in
the
department
to
build
upon
previous
state
12
efforts
to
promote
school
safety,
including
the
Iowa
safe
and
13
supportive
schools
grant
and
program,
by
providing
funds
to
14
school
districts
and
accredited
nonpublic
schools
to
maintain,
15
improve,
and
promote
safe
and
supportive
learning
environments
16
in
this
state.
The
program
shall
be
administered
by
the
office
17
of
support
and
analysis
for
safe
schools
established
by
section
18
256.100.
19
2.
The
office
shall
award
funds
from
the
program
to
schools
20
on
a
competitive
grant
basis.
Awards
shall
be
consistent
with
21
the
following
goals
of
the
program:
22
a.
To
utilize
research-
and
outcome-based
best
practices
in
23
implementing
antiharassment
and
antibullying
efforts.
24
b.
To
assist
schools
to
promote
a
climate
of
greater
25
productivity,
safety,
and
learning.
26
c.
To
assist
schools
in
the
professional
development
27
of
staff
in
research-
and
outcome-based
best
practices
to
28
implement
school
safety
programs
and
classroom
management
29
programs.
30
d.
To
assist
schools
in
enhancing
and
coordinating
31
antiviolence
efforts
between
schools,
professional,
parental,
32
governmental,
law
enforcement,
and
community
organizations
and
33
associations.
34
3.
Grants
from
the
program
may
be
used
to
fund
school
35
-3-
SF
2318
(4)
85
je/rj/jh
3/
9
S.F.
2318
programs
or
activities
including
but
not
limited
to
the
1
following:
2
a.
Qualified
staff
training
to
implement
section
280.28.
3
b.
Technical
assistance
for
improved
classroom
management.
4
c.
School
safety
programs
that
incorporate
research-
and
5
outcome-based
best
practices
that
are
intended
to
address
risk
6
factors
to
reduce
incidents
of
problem
behaviors
among
students
7
including
antiharassment
and
antibullying
programs.
8
d.
Mental
health
demonstration
projects.
9
e.
Safety
training
and
resources
that
enhance
the
overall
10
safety
of
students
and
staff.
11
4.
The
office
shall
give
priority
in
grant
awards
to
the
12
following
applicants:
13
a.
Applicants
that
utilize
data
to
demonstrate
need
based
on
14
the
number
or
severity
of
incidents
of
harassment
or
bullying
15
the
applicants
have
experienced
or
other
data
that
indicate
16
need.
17
b.
Applicants
that
provide
a
commitment
of
additional
funds
18
from
public
or
private
sources
for
the
programs
or
activities
19
for
which
a
grant
is
sought.
20
5.
The
office
shall
pursue
additional
funding
from
public
21
and
private
sources
to
support
the
program.
22
6.
The
department
shall
adopt
rules
to
administer
the
23
program,
including
but
not
limited
to
an
application
process
24
and
grant
award
criteria.
25
Sec.
7.
Section
272.1,
Code
2014,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
4A.
“Harassment”
and
“bullying”
mean
the
28
same
as
defined
in
section
280.28.
29
Sec.
8.
Section
272.2,
Code
2014,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
19.
a.
Adopt
rules
requiring
all
teachers
32
who
have
regular
and
substantial
contact
with
students
to
33
complete
training
approved
by
the
office
of
support
and
34
analysis
for
safe
schools
established
by
section
256.100,
on
35
-4-
SF
2318
(4)
85
je/rj/jh
4/
9
S.F.
2318
harassment
and
bullying
prevention
and
response
as
part
of
1
their
professional
development
and
training
plans.
2
b.
Adopt
rules
requiring
all
individuals
applying
for
or
3
renewing
a
license,
certificate,
authorization,
or
statement
4
of
recognition
issued
by
the
board
who
are
responsible
for
5
conducting
investigations
of
complaints
of
incidents
of
6
harassment
or
bullying
to
complete
training
approved
by
the
7
office
of
support
and
analysis
for
safe
schools
established
8
by
section
256.100,
on
the
provisions
of
section
280.28,
9
conducting
impartial
investigations
with
transparency,
10
collecting
evidence,
following
up
on
previous
investigations,
11
and
reporting
founded
and
unfounded
incidents
of
harassment
and
12
bullying
to
the
department.
13
c.
Adopt
rules
requiring
all
individuals
applying
for
14
or
renewing
an
administrator
license
to
complete
training
15
approved
by
the
office
of
support
and
analysis
for
safe
16
schools
established
by
section
256.100,
on
implementation
of
17
school-wide
policies
and
procedures
for
harassment
and
bullying
18
identification,
reporting,
response,
and
prevention.
19
Sec.
9.
Section
280.28,
subsection
2,
paragraph
a,
Code
20
2014,
is
amended
to
read
as
follows:
21
a.
“Electronic”
means
any
communication
involving
the
22
transmission
of
information
by
wire,
radio,
optical
cable,
23
electromagnetic,
or
other
similar
means.
“Electronic”
includes
24
but
is
not
limited
to
communication
via
electronic
mail,
25
internet-based
communications
including
social
networking
sites
26
and
applications
,
pager
service,
cell
phones,
and
electronic
27
text
messaging
,
or
any
other
electronic
communication
site,
28
device,
or
means
.
29
Sec.
10.
Section
280.28,
subsection
3,
Code
2014,
is
amended
30
by
adding
the
following
new
paragraph:
31
NEW
PARAGRAPH
.
h.
A
procedure
for
documenting
the
actions
32
taken
by
the
school
to
investigate
and
respond
to
harassment
33
or
bullying.
34
Sec.
11.
Section
280.28,
subsection
7,
Code
2014,
is
amended
35
-5-
SF
2318
(4)
85
je/rj/jh
5/
9
S.F.
2318
to
read
as
follows:
1
7.
Integration
of
policy
and
reporting.
The
board
of
2
directors
of
a
school
district
and
the
authorities
in
charge
of
3
each
nonpublic
school
shall
integrate
its
antiharassment
and
4
antibullying
policy
into
the
comprehensive
school
improvement
5
plan
required
under
section
256.7,
subsection
21
,
and
shall
6
report
data
collected
under
subsection
6
,
as
specified
by
the
7
following
to
the
department
,
to
and
the
local
community
.
:
8
a.
Data
collected
under
subsection
6,
as
specified
by
the
9
department.
10
b.
The
process
used
for
filing
complaints,
including
the
11
location
of
online
or
other
complaint
forms.
12
c.
The
number
of
school
employees
and
volunteers
who
have
13
completed
antiharassment
and
antibullying
training.
14
Sec.
12.
Section
280.28,
Code
2014,
is
amended
by
adding
the
15
following
new
subsections:
16
NEW
SUBSECTION
.
9.
Parental
notification.
17
a.
Each
school
district
and
accredited
nonpublic
school
18
shall
establish
notification
procedures
for
incidents
of
19
harassment
or
bullying
in
accordance
with
this
subsection.
The
20
procedures
shall
include
notification
of
the
custodial
parent
21
or
guardian
of
any
student
directly
involved
in
any
incident
of
22
harassment
or
bullying,
upon
investigation
and
determination
23
that
harassment
or
bullying
has
occurred,
consistent
with
24
a
notification
plan
made
in
consultation
with
the
student
25
and
school
guidance
staff.
The
notification
shall
include
26
information
on
the
action
that
school
officials
have
taken
27
regarding
the
incident
and
the
actions
school
officials
will
28
take
to
prevent
further
acts
of
harassment
or
bullying.
If
29
such
notification
is
delayed,
the
school
district
or
school
30
shall
document
the
reasons
for
the
delay.
This
paragraph
does
31
not
prohibit
a
school
official
from
contacting
a
parent
or
32
guardian
about
a
report
of
harassment
or
bullying
prior
to
a
33
determination
that
harassment
or
bullying
has
occurred.
34
b.
The
requirements
of
this
subsection
shall
not
apply
if
a
35
-6-
SF
2318
(4)
85
je/rj/jh
6/
9
S.F.
2318
school
official
reasonably
believes
notification
would
subject
1
a
student
to
abuse,
neglect,
or
other
physical
or
mental
harm.
2
c.
Notification
pursuant
to
this
subsection
shall
comply
3
with
state
and
federal
privacy
laws,
regulations,
and
rules.
4
NEW
SUBSECTION
.
10.
Authority
off
school
grounds.
A
school
5
official
may
investigate
and
respond
appropriately
to
an
6
alleged
incident
of
harassment
or
bullying
that
occurs
outside
7
of
school,
off
of
school
property,
or
away
from
a
school
8
function
or
school-sponsored
activity.
If
an
alleged
incident
9
of
harassment
or
bullying
has
an
effect
on
school
grounds
that
10
creates
an
objectively
hostile
school
environment
that
meets
11
one
or
more
of
the
conditions
set
out
under
subsection
2,
12
paragraph
“b”
,
a
school
official
shall
investigate
and
respond
13
appropriately
to
the
alleged
incident.
The
school
official’s
14
investigation
and
response
to
an
alleged
incident
of
harassment
15
or
bullying
that
occurs
outside
of
school,
off
of
school
16
property,
or
away
from
a
school
function
or
school-sponsored
17
activity
may
include
referring
the
matter
to
appropriate
18
community-based
agencies.
19
NEW
SUBSECTION
.
11.
Rulemaking
authority.
The
department
20
of
education
may
adopt
rules
necessary
to
administer
this
21
section
in
a
uniform
way
across
the
state.
22
Sec.
13.
Section
282.18,
subsection
11,
Code
2014,
is
23
amended
to
read
as
follows:
24
11.
A
pupil
who
participates
in
open
enrollment
for
purposes
25
of
attending
a
grade
in
grades
nine
through
twelve
in
a
school
26
district
other
than
the
district
of
residence
is
ineligible
to
27
participate
in
varsity
interscholastic
athletic
contests
and
28
athletic
competitions
during
the
pupil’s
first
ninety
school
29
days
of
enrollment
in
the
district
except
that
the
pupil
may
30
participate
immediately
in
a
varsity
interscholastic
sport
if
31
the
pupil
is
entering
grade
nine
for
the
first
time
and
did
32
not
participate
in
an
interscholastic
athletic
competition
for
33
another
school
or
school
district
during
the
summer
immediately
34
following
eighth
grade,
if
the
district
of
residence
and
the
35
-7-
SF
2318
(4)
85
je/rj/jh
7/
9
S.F.
2318
other
school
district
jointly
participate
in
the
sport,
if
the
1
sport
in
which
the
pupil
wishes
to
participate
is
not
offered
2
in
the
district
of
residence,
if
the
pupil
chooses
to
use
open
3
enrollment
to
attend
school
in
another
school
district
because
4
the
district
in
which
the
student
previously
attended
school
5
was
dissolved
and
merged
with
one
or
more
contiguous
school
6
districts
under
section
256.11,
subsection
12
,
if
the
pupil
7
participates
in
open
enrollment
because
the
pupil’s
district
8
of
residence
has
entered
into
a
whole
grade
sharing
agreement
9
with
another
district
for
the
pupil’s
grade,
or
if
the
parent
10
or
guardian
of
the
pupil
participating
in
open
enrollment
is
11
an
active
member
of
the
armed
forces
and
resides
in
permanent
12
housing
on
government
property
provided
by
a
branch
of
the
13
armed
services
,
or
if
the
district
of
residence
determines
14
that
the
pupil
was
previously
subject
to
a
founded
incident
15
of
harassment
or
bullying
as
defined
in
section
280.28
while
16
attending
school
in
the
district
of
residence
.
A
pupil
who
17
has
paid
tuition
and
attended
school,
or
has
attended
school
18
pursuant
to
a
mutual
agreement
between
the
two
districts,
19
in
a
district
other
than
the
pupil’s
district
of
residence
20
for
at
least
one
school
year
is
also
eligible
to
participate
21
immediately
in
interscholastic
athletic
contests
and
athletic
22
competitions
under
this
section
,
but
only
as
a
member
of
a
team
23
from
the
district
that
pupil
had
attended.
For
purposes
of
24
this
subsection
,
“school
days
of
enrollment”
does
not
include
25
enrollment
in
summer
school.
For
purposes
of
this
subsection
,
26
“varsity”
means
the
same
as
defined
in
section
256.46
.
27
Sec.
14.
APPROPRIATIONS.
There
is
appropriated
from
28
the
general
fund
of
the
state
to
the
department
of
education
29
for
the
fiscal
year
beginning
July
1,
2014,
and
ending
June
30
30,
2015,
the
following
amounts,
or
so
much
thereof
as
is
31
necessary,
to
be
used
for
the
purposes
designated:
32
For
the
establishment
and
administration
of
the
office
of
33
support
and
analysis
for
safe
schools
and
for
carrying
out
34
the
duties
of
the
office,
including
salaries,
support,
and
35
-8-
SF
2318
(4)
85
je/rj/jh
8/
9
S.F.
2318
maintenance:
1
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
250,000
2
For
the
provision
of
grants
from
the
school
climate
3
improvement
grant
program
established
in
section
256.101:
4
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
750,000
5
From
the
moneys
appropriated
for
the
establishment
and
6
administration
of
the
office
of
support
and
analysis
for
safe
7
schools,
$150,000
shall
be
used
to
provide
or
facilitate
the
8
provision
of
training
required
by
section
272.2,
subsection
19,
9
at
no
cost
to
the
trainee.
10
Notwithstanding
section
8.33,
moneys
appropriated
in
this
11
section
that
remain
unencumbered
or
unobligated
at
the
close
of
12
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
13
expenditure
for
the
purposes
designated
until
the
close
of
the
14
succeeding
fiscal
year.
15
Sec.
15.
EMERGENCY
RULEMAKING.
The
department
of
education
16
may
adopt
emergency
rules
under
section
17A.4,
subsection
3,
17
and
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
18
sections
256.100
and
256.101,
as
enacted
in
this
Act,
and
the
19
rules
shall
be
effective
immediately
upon
filing
unless
a
20
later
date
is
specified
in
the
rules.
Any
rules
adopted
in
21
accordance
with
the
provisions
of
this
section
shall
also
be
22
published
as
a
notice
of
intended
action
as
provided
in
section
23
17A.4.
24
Sec.
16.
EFFECTIVE
UPON
ENACTMENT.
The
following
25
provision
or
provisions
of
this
Act,
being
deemed
of
immediate
26
importance,
take
effect
upon
enactment:
27
1.
The
section
of
this
Act
enacting
section
256.100.
28
2.
The
section
of
this
Act
enacting
section
256.101.
29
-9-
SF
2318
(4)
85
je/rj/jh
9/
9
