Iowa-2015-SF345-Amended
Senate File 345 - Reprinted
SENATE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO SSB
1044)
(As Amended and Passed by the Senate March 31, 2015)
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 work group.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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, and electronic 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, or familial 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) 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. Section 282.18, subsection 11, Code 2015, is amended
3 10 to read as follows:
3 11 11. A pupil who participates in open enrollment for purposes
3 12 of attending a grade in grades nine through twelve in a school
3 13 district other than the district of residence is ineligible to
3 14 participate in varsity interscholastic athletic contests and
3 15 athletic competitions during the pupil's first ninety school
3 16 days of enrollment in the district except that the pupil may
3 17 participate immediately in a varsity interscholastic sport if
3 18 the pupil is entering grade nine for the first time and did
3 19 not participate in an interscholastic athletic competition for
3 20 another school or school district during the summer immediately
3 21 following eighth grade, if the district of residence and the
3 22 other school district jointly participate in the sport, if the
3 23 sport in which the pupil wishes to participate is not offered
3 24 in the district of residence, if the pupil chooses to use
3 25 open enrollment to attend school in another school district
3 26 because the district in which the student previously attended
3 27 school was dissolved and merged with one or more contiguous
3 28 school districts under section 256.11, subsection 12, if the
3 29 pupil participates in open enrollment because the pupil's
3 30 district of residence has entered into a whole grade sharing
3 31 agreement with another district for the pupil's grade, or if
3 32 the parent or guardian of the pupil participating in open
3 33 enrollment is an active member of the armed forces and resides
3 34 in permanent housing on government property provided by a
3 35 branch of the armed services, or if the district of residence
4 1 determines that the pupil was subject to a founded incident
4 2 of harassment or bullying as defined in section 280.28 while
4 3 attending school in the district of residence in the current or
4 4 previous school year and both the district of residence and the
4 5 other school district agree to allow the pupil to participate
4 6 immediately in a varsity interscholastic sport. A pupil who
4 7 has paid tuition and attended school, or has attended school
4 8 pursuant to a mutual agreement between the two districts,
4 9 in a district other than the pupil's district of residence
4 10 for at least one school year is also eligible to participate
4 11 immediately in interscholastic athletic contests and athletic
4 12 competitions under this section, but only as a member of a team
4 13 from the district that pupil had attended. For purposes of
4 14 this subsection, "school days of enrollment" does not include
4 15 enrollment in summer school. For purposes of this subsection,
4 16 "varsity" means the same as defined in section 256.46.
4 17 Sec. 7. SCHOOL CLIMATE AND BULLYING WORK GROUP.
4 18 1. The department of education shall convene a
4 19 public=private work group of representatives of state and local
4 20 agencies, citizens, community groups, and organizations who
4 21 have experience and expertise in the areas of antibullying
4 22 education, research, and training. The work group, after
4 23 reviewing existing research, data, and strategies, shall
4 24 provide recommendations to the department regarding best
4 25 practices, training, resources, additional research needs,
4 26 data collection, changes to state law and administrative
4 27 rules, and any other matters to enhance statewide school
4 28 climate improvement and bullying prevention, awareness, and
4 29 intervention.
4 30 2. The membership of the work group shall include but not be
4 31 limited to the following, to be appointed by the director:
4 32 a. At least three Iowans who are experts in research=based
4 33 antibullying curricula or programs.
4 34 b. A public or nonpublic high school student.
4 35 c. A parent of a student enrolled in a public elementary or
5 1 secondary school on a full=time basis.
5 2 d. A parent of a student enrolled in a nonpublic elementary
5 3 or secondary school on a full=time basis.
5 4 e. A member from nominees submitted by the school
5 5 administrators of Iowa.
5 6 f. A member from nominees submitted by the Iowa association
5 7 of school boards.
5 8 g. A member from nominees submitted by the Iowa state
5 9 education association.
5 10 h. Representatives from any organizations representing
5 11 other relevant public or nonpublic school professionals.
5 12 i. A representative from a statewide organization that
5 13 provides research=based training on bullying for school
5 14 professionals.
5 15 j. A representative from at least one statewide
5 16 organization with at least five years' experience in advocating
5 17 on bullying prevention based on research=based best practices.
5 18 k. A representative for children placed in foster care.
5 19 l. A representative of school counselors.
5 20 m. A member from nominees submitted by the Iowa parent
5 21 teacher association.
5 22 3. When making appointments to the work group, the director
5 23 shall ensure that public, nonpublic, urban, and rural schools
5 24 are adequately represented by the membership of the work group.
5 25 4. The work group shall also include two ex officio members
5 26 of each house of the general assembly. One member each shall
5 27 be selected by the majority leader of the senate and by the
5 28 minority leader of the senate, and one member each shall be
5 29 selected by the speaker of the house of representatives and by
5 30 the minority leader of the house of representatives. Members
5 31 of the general assembly shall serve for terms as provided in
5 32 section 69.16B and shall be entitled to receive per diem and
5 33 necessary travel and actual expenses pursuant to section 2.10,
5 34 subsection 5, while carrying out their official duties as
5 35 members of the work group.
6 1 5. The department shall convene the work group by October
6 2 1, 2015. The work group shall submit its findings and
6 3 recommendations in a final report to the department and the
6 4 chairpersons and ranking members of the senate and house
6 5 education committees by December 15, 2016.
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