Senate File 390 - Introduced
SENATE FILE
BY QUIRMBACH
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 a school climate
5 improvement grant program, providing for a school climate
6 and bullying work group, and making an appropriation.
7 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 2017, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 61. 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. NEW SECTION. 256.101 School climate improvement
1 24 grant program.
1 25 1. For purposes of this section, "harassment" and "bullying"
1 26 mean the same as defined in section 280.28.
1 27 2. A school climate improvement grant program is
1 28 established in the department to build upon previous state
1 29 efforts to promote school safety, including the Iowa safe and
1 30 supportive schools grant and program, by providing funds to
1 31 school districts and accredited nonpublic schools to maintain,
1 32 improve, and promote safe and supportive learning environments
1 33 in this state.
1 34 3. The department shall award funds from the program
1 35 to schools on a competitive grant basis. Awards shall be
2 1 consistent with the following goals of the program:
2 2 a. To utilize research=based and outcome=based best
2 3 practices in implementing antiharassment and antibullying
2 4 efforts.
2 5 b. To assist schools to promote a climate of greater
2 6 productivity, safety, and learning.
2 7 c. To assist schools in the professional development of
2 8 staff in research=based and outcome=based best practices to
2 9 implement school safety programs and classroom management
2 10 programs.
2 11 d. To assist schools in enhancing and coordinating
2 12 antiviolence efforts between schools, professional, parental,
2 13 governmental, law enforcement, and community organizations and
2 14 associations.
2 15 4. Grants from the program may be used to fund school
2 16 programs or activities including but not limited to the
2 17 following:
2 18 a. Qualified staff training to implement section 280.28.
2 19 b. Technical assistance for improved classroom management.
2 20 c. School safety programs that incorporate research=based
2 21 and outcome=based best practices that are intended to address
2 22 risk factors to reduce incidents of problem behaviors among
2 23 students including antiharassment and antibullying programs.
2 24 d. Mental health demonstration projects.
2 25 e. Safety training and resources that enhance the overall
2 26 safety of students and staff.
2 27 5. The department shall give priority in grant awards to the
2 28 following applicants:
2 29 a. Applicants that utilize data to demonstrate need based on
2 30 the number or severity of incidents of harassment or bullying
2 31 the applicants have experienced or other data that indicate
2 32 need.
2 33 b. Applicants that provide a commitment of additional funds
2 34 from public or private sources for the programs or activities
2 35 for which a grant is sought.
3 1 6. The department shall pursue additional funding from
3 2 public and private sources to support the program.
3 3 7. The department shall adopt rules pursuant to chapter
3 4 17A to administer the program, including but not limited to an
3 5 application process and grant award criteria.
3 6 Sec. 4. Section 280.28, subsection 2, paragraphs a and c,
3 7 Code 2017, are amended to read as follows:
3 8 a. "Electronic" means any communication involving the
3 9 transmission of information by wire, radio, optical cable,
3 10 electromagnetic, or other similar means. "Electronic" includes
3 11 but is not limited to communication via electronic mail,
3 12 internet=based communications including social networking
3 13 sites, pager service, cell phones, and electronic text
3 14 messaging, or any other electronic communication site, device,
3 15 or means.
3 16 c. "Trait or characteristic of the student" includes but
3 17 is not limited to age, color, creed, national origin, race,
3 18 religion, marital status, sex, sexual orientation, gender
3 19 identity, physical attributes, physical or mental ability or
3 20 disability, ancestry, political party preference, political
3 21 belief, socioeconomic status, or familial status, behavior, or
3 22 any other distinguishing characteristic. This paragraph shall
3 23 be construed broadly to achieve the purposes of this section.
3 24 Sec. 5. Section 280.28, subsection 3, Code 2017, is amended
3 25 by adding the following new paragraph:
3 26 NEW PARAGRAPH. h. A procedure for the notification as
3 27 soon as practicable of the parents or guardians of the alleged
3 28 targeted students and perpetrators in a reported incident
3 29 of harassment or bullying. The procedure shall include an
3 30 exception to the notification requirement if a school official
3 31 or a student whose parent or guardian would otherwise be
3 32 notified reasonably believes notification would subject the
3 33 student to rejection, abuse, or neglect.
3 34 Sec. 6. Section 280.28, Code 2017, is amended by adding the
3 35 following new subsections:
4 1 NEW SUBSECTION. 9. Authority off school grounds.
4 2 a. A school official may investigate and impose school
4 3 discipline in a founded case of harassment or bullying that
4 4 occurs outside of school, off of school property, or away from
4 5 a school function or school=sponsored activity if all of the
4 6 following apply:
4 7 (1) An incident of harassment or bullying is reported
4 8 pursuant to the school's policy adopted under subsection 3,
4 9 paragraph "e".
4 10 (2) The alleged incident of harassment or bullying has
4 11 an effect on a student on school grounds that creates an
4 12 objectively hostile school environment that meets one or more
4 13 of the conditions set out under subsection 2, paragraph "b".
4 14 b. A school official's investigation and response to an
4 15 alleged incident of bullying or harassment that occurs outside
4 16 of school, off of school property, or away from a school
4 17 function or school=sponsored activity may include referring
4 18 the matter to appropriate community=based agencies including
4 19 but not limited to social services agencies, law enforcement
4 20 agencies, and nonprofit organizations.
4 21 NEW SUBSECTION. 10. Rule of construction. This section
4 22 shall not be construed to diminish a school administrator's
4 23 discretion to impose discipline or take other action in the
4 24 case of an unfounded incident of harassment or bullying if a
4 25 student's behavior otherwise constitutes student misconduct
4 26 based on other grounds.
4 27 Sec. 7. SCHOOL CLIMATE AND BULLYING WORK GROUP.
4 28 1. The department of education shall convene a
4 29 public=private work group of representatives of state and local
4 30 agencies, citizens, community groups, and organizations who
4 31 have experience and expertise in the areas of antibullying
4 32 education, research, and training. The work group, after
4 33 reviewing existing research, data, and strategies, shall
4 34 provide recommendations to the department regarding best
4 35 practices, training, resources, additional research needs,
5 1 data collection, changes to state law and administrative
5 2 rules, and any other matters to enhance statewide school
5 3 climate improvement and bullying prevention, awareness, and
5 4 intervention.
5 5 2. The membership of the work group shall include but not be
5 6 limited to the following, to be appointed by the director:
5 7 a. At least three Iowans who are experts in research=based
5 8 antibullying curricula or programs.
5 9 b. A public or nonpublic high school student.
5 10 c. A parent of a student enrolled in a public elementary or
5 11 secondary school on a full=time basis.
5 12 d. A parent of a student enrolled in a nonpublic elementary
5 13 or secondary school on a full=time basis.
5 14 e. A member from nominees submitted by the school
5 15 administrators of Iowa.
5 16 f. A member from nominees submitted by the Iowa association
5 17 of school boards.
5 18 g. A member from nominees submitted by the Iowa state
5 19 education association.
5 20 h. Representatives from any organizations representing
5 21 other relevant public or nonpublic school professionals.
5 22 i. A representative from a statewide organization that
5 23 provides research=based training on bullying for school
5 24 professionals.
5 25 j. A representative from at least one statewide
5 26 organization with at least five years' experience in advocating
5 27 on bullying prevention based on research=based best practices.
5 28 k. A representative for children placed in foster care.
5 29 l. A representative of school counselors.
5 30 m. A member from nominees submitted by the Iowa parent
5 31 teacher association.
5 32 3. When making appointments to the work group, the director
5 33 shall ensure that public, nonpublic, urban, and rural schools
5 34 are adequately represented by the membership of the work group.
5 35 4. The work group shall also include two ex officio members
6 1 of each house of the general assembly. One member each shall
6 2 be selected by the majority leader of the senate and by the
6 3 minority leader of the senate, and one member each shall be
6 4 selected by the speaker of the house of representatives and by
6 5 the minority leader of the house of representatives. Members
6 6 of the general assembly shall serve for terms as provided in
6 7 section 69.16B and shall be entitled to receive per diem and
6 8 necessary travel and actual expenses pursuant to section 2.10,
6 9 subsection 5, while carrying out their official duties as
6 10 members of the work group.
6 11 5. The department shall convene the work group by October
6 12 1, 2017. The work group shall submit its findings and
6 13 recommendations in a final report to the department and the
6 14 chairpersons and ranking members of the senate and house
6 15 education committees by December 22, 2017.
6 16 Sec. 8. APPROPRIATION. There is appropriated from the
6 17 general fund of the state to the department of education
6 18 for the fiscal year beginning July 1, 2017, and ending June
6 19 30, 2018, the following amounts, or so much thereof as is
6 20 necessary, to be used for the purposes designated:
6 21 For the provision of grants from the school climate
6 22 improvement grant program established in section 256.101:
6 23 .................................................. $ 1,000,000
6 24 Notwithstanding section 8.33, moneys appropriated in this
6 25 section that remain unencumbered or unobligated at the close of
6 26 the fiscal year shall not revert but shall remain available for
6 27 expenditure for the purposes designated until the close of the
6 28 succeeding fiscal year.
6 29 EXPLANATION
6 30 The inclusion of this explanation does not constitute agreement with
6 31 the explanation's substance by the members of the general assembly.
6 32 This bill requires the director of the department of
6 33 education, subject to an appropriation of funds by the general
6 34 assembly, to ensure each school district has access to adequate
6 35 training on conducting investigations of complaints of
7 1 incidents of harassment or bullying pursuant to Code section
7 2 280.28, the state law relating to school antiharassment and
7 3 antibullying policies, by offering such training on an annual
7 4 basis to at least one employee per district.
7 5 The bill requires the department of education, subject to an
7 6 appropriation of funds by the general assembly, to establish
7 7 a student mentoring pilot program to explore how student
7 8 leadership can help prevent bullying and violence in schools.
7 9 The program shall promote best practices for bullying and
7 10 violence prevention for middle and high school students. The
7 11 department must establish the program in at least two middle
7 12 schools and two high schools, which shall include both urban
7 13 and rural schools. The department must establish criteria
7 14 for selection of participating schools and evaluation of the
7 15 program.
7 16 The bill establishes a school climate improvement grant
7 17 program in the department of education to build upon previous
7 18 state efforts to promote school safety, including the Iowa safe
7 19 and supportive schools grant and program, by providing funds to
7 20 school districts and accredited nonpublic schools to maintain,
7 21 improve, and promote safe and supportive learning environments
7 22 in this state.
7 23 The department shall award funds from the program to schools
7 24 on a competitive grant basis. Awards shall be consistent with
7 25 the goals of the program as specified in the bill.
7 26 Grants from the program may be used to fund school programs
7 27 or activities including but not limited to qualified staff
7 28 training to implement Code section 280.28, technical assistance
7 29 for improved classroom management, and certain other programs
7 30 and activities specified in the bill.
7 31 The department shall give priority in grant awards to
7 32 certain applicants specified in the bill.
7 33 The bill appropriates to the department for fiscal year
7 34 2017=2018, for carryforward into fiscal year 2018=2019, $1
7 35 million to be used for grants from the program.
8 1 The bill modifies the definition of "electronic" under Code
8 2 section 280.28 by adding any other electronic communication
8 3 site, device, or means to the definition and by including
8 4 social networking sites as part of the term "internet=based
8 5 communications".
8 6 Under Code section 280.28, subsection 2, "harassment" and
8 7 "bullying" shall be construed to mean any electronic, written,
8 8 verbal, or physical act or conduct toward a student which is
8 9 based on any actual or perceived trait or characteristic of
8 10 the student and which creates an objectively hostile school
8 11 environment that meets one or more of certain conditions. The
8 12 bill modifies the definition of "harassment" and "bullying"
8 13 under Code section 280.28 by adding behavior or any other
8 14 distinguishing characteristic to the definition. The bill
8 15 provides that the definition of "harassment" and "bullying" is
8 16 to be construed broadly to achieve the purposes of the law.
8 17 The bill requires school antiharassment and antibullying
8 18 policies to include a procedure for the notification as soon as
8 19 practicable of the parents or guardians of the alleged targeted
8 20 students and perpetrators in a reported incident of harassment
8 21 or bullying. The procedure must include an exception to the
8 22 notification requirement if a school official or a student
8 23 whose parent or guardian would otherwise be notified reasonably
8 24 believes notification would subject the targeted student to
8 25 rejection, abuse, or neglect.
8 26 The bill grants school officials the authority to
8 27 investigate and impose school discipline or take other action
8 28 in cases of alleged incidents of harassment or bullying that
8 29 occur outside of school, off of school property, or away from
8 30 school functions or school=sponsored activities if certain
8 31 conditions are met. Those conditions are that an incident of
8 32 harassment or bullying is reported pursuant to the school's
8 33 antiharassment and antibullying policy; and that the alleged
8 34 incident of harassment or bullying has an effect on school
8 35 grounds that creates an objectively hostile school environment
9 1 that places the student in reasonable fear of harm to the
9 2 student's person or property; has a substantially detrimental
9 3 effect on the student's physical or mental health; has the
9 4 effect of substantially interfering with a student's academic
9 5 performance; or has the effect of substantially interfering
9 6 with the student's ability to participate in or benefit from
9 7 the services, activities, or privileges provided by a school.
9 8 The bill provides that a school official's investigation
9 9 and response to an alleged incident of bullying or harassment
9 10 that occurs outside of school, off of school property, or away
9 11 from a school function or school=sponsored activity may include
9 12 referring the matter to appropriate community=based agencies.
9 13 The bill provides that Code section 280.28 shall not be
9 14 construed to diminish a school administrator's discretion
9 15 to impose discipline or take other action in the case of an
9 16 unfounded incident of harassment or bullying if a student's
9 17 behavior otherwise constitutes student misconduct based on
9 18 other grounds.
9 19 The bill requires the department of education to convene
9 20 a public=private work group of representatives of state and
9 21 local agencies, citizens, community groups, and organizations
9 22 who have experience and expertise in the areas of antibullying
9 23 education, research, and training. The work group, after
9 24 reviewing existing research, data, and strategies, shall
9 25 provide recommendations to the department regarding matters
9 26 to enhance statewide school climate improvement and bullying
9 27 prevention, awareness, and intervention. The bill provides for
9 28 membership of the work group to be appointed by the director of
9 29 the department. When making appointments to the work group,
9 30 the director must ensure that public, nonpublic, urban, and
9 31 rural schools are adequately represented by the membership
9 32 of the work group. The work group shall also include ex
9 33 officio legislative members. The department must convene the
9 34 work group by October 1, 2017. The work group must submit
9 35 its findings and recommendations in a final report to the
10 1 department and the chairpersons and ranking members of the
10 2 senate and house education committees by December 22, 2017.
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