Bill Text: IA HF143 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act concerning harassment and bullying by students and providing criminal and civil penalties and remedies for failure by parents, guardians, and custodians to prevent such harassment and bullying.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF143 Detail]
Download: Iowa-2013-HF143-Introduced.html
House
File
143
-
Introduced
HOUSE
FILE
143
BY
HALL
and
FORRISTALL
A
BILL
FOR
An
Act
concerning
harassment
and
bullying
by
students
and
1
providing
criminal
and
civil
penalties
and
remedies
for
2
failure
by
parents,
guardians,
and
custodians
to
prevent
3
such
harassment
and
bullying.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
280.28A
Parents
of
minor
students
1
engaging
in
harassment
or
bullying
——
duty
to
prevent
——
2
penalties
——
harassment
or
bullying
by
students
prohibited.
3
1.
For
purposes
of
this
section:
4
a.
“Harassment”
and
“bullying”
mean
the
same
as
provided
in
5
section
280.28,
subsection
2.
6
b.
“Student”
means
a
student
in
a
public
or
nonpublic
school
7
who
is
an
unemancipated
minor
child
under
the
age
of
eighteen
8
years.
9
2.
A
parent,
guardian,
or
legal
or
actual
custodian
of
a
10
student
shall
prevent
the
student
from
engaging
in
harassment
11
or
bullying
at
any
time.
12
3.
a.
If
a
student
engages
in
harassment
or
bullying,
13
school
officers
shall
attempt
to
work
with
the
student
and
the
14
student’s
parent,
guardian,
or
legal
or
actual
custodian
to
15
find
the
cause
for
the
student’s
harassing
or
bullying
behavior
16
and
to
ensure
that
the
student
does
not
engage
in
further
17
harassing
or
bullying
behavior.
If
the
parent,
guardian,
or
18
legal
or
actual
custodian,
or
student
refuses
to
accept
the
19
school’s
attempt
to
ensure
that
the
student
does
not
engage
20
in
further
harassing
or
bullying
behavior,
or
if
the
school’s
21
attempt
to
ensure
that
the
student
does
not
engage
in
further
22
harassing
or
bullying
behavior
is
otherwise
unsuccessful,
the
23
school
officers
shall
refer
the
matter
to
the
county
attorney
24
for
mediation
under
this
subsection
or
prosecution
under
25
subsection
4.
26
b.
If
the
matter
is
referred
for
mediation,
the
county
27
attorney
shall
cause
a
notice
of
the
referral
to
be
sent
to
the
28
parent,
guardian,
or
legal
or
actual
custodian
and
designate
29
a
person
to
serve
as
mediator
in
the
matter.
If
mediation
30
services
are
available
in
the
community,
those
services
may
31
be
used
as
the
designated
mediation
service.
If
mediation
32
services
are
not
available
in
the
community,
mediation
shall
33
be
provided
by
the
county
attorney
or
the
county
attorney’s
34
designee.
The
mediator
shall
contact
the
school,
the
parent,
35
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143
guardian,
or
legal
or
actual
custodian,
and
any
other
person
1
the
mediator
deems
appropriate
and
arrange
meeting
dates
and
2
times
for
discussion
of
the
student’s
harassing
or
bullying
3
behavior.
The
mediator
shall
attempt
to
ascertain
the
cause
4
of
the
student’s
harassing
or
bullying
behavior,
attempt
to
5
cause
the
parties
to
arrive
at
an
agreement
to
prevent
any
6
further
harassing
or
bullying
behavior,
and
initiate
referrals
7
to
any
agencies
or
counseling
that
the
mediator
believes
to
be
8
appropriate
under
the
circumstances.
The
mediator
may
refer
a
9
student
to
the
juvenile
court
if
mediation
breaks
down
without
10
an
agreement
being
reached.
11
c.
If
the
parties
reach
an
agreement,
the
agreement
shall
12
be
reduced
to
writing
and
signed
by
a
school
officer,
parent,
13
guardian,
or
legal
or
actual
custodian,
and
the
student.
The
14
mediator,
the
school,
and
the
parent,
guardian,
or
legal
or
15
actual
custodian
shall
each
receive
a
copy
of
the
agreement,
16
which
shall
set
forth
the
resolution
of
the
issues
and
future
17
responsibilities
of
each
party.
18
d.
The
school
shall
be
responsible
for
monitoring
any
19
agreements
arrived
at
through
mediation.
If
a
parent,
20
guardian,
or
legal
or
actual
custodian
refuses
to
engage
in
21
mediation
or
violates
a
term
of
the
agreement,
the
matter
22
shall
be
rereferred
to
the
county
attorney
for
prosecution
23
under
subsection
4.
The
county
attorney’s
office
or
the
24
mediation
service
shall
require
the
parent,
guardian,
or
legal
25
or
actual
custodian
and
the
school
to
pay
a
fee
to
help
defray
26
the
administrative
cost
of
mediation
services.
The
county
27
attorney’s
office
or
the
mediation
service
shall
establish
28
a
sliding
scale
of
fees
to
be
charged
parents,
guardians,
29
and
legal
or
actual
custodians
based
upon
ability
to
pay.
A
30
parent,
guardian,
or
legal
or
actual
custodian
shall
not
be
31
denied
the
services
of
a
mediator
solely
because
of
inability
32
to
pay
the
fee.
33
4.
a.
A
parent,
guardian,
or
legal
or
actual
custodian
34
who
violates
a
mediation
agreement
under
subsection
3,
who
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refuses
to
participate
in
mediation
under
subsection
3,
who
is
1
referred
for
prosecution
under
subsection
3
and
is
convicted
2
of
a
violation
of
subsection
2,
or
who
violates
subsection
2,
3
as
a
first
offense,
is
guilty
of
a
simple
misdemeanor.
A
first
4
offense
is
punishable
by
imprisonment
not
exceeding
ten
days
5
or
a
fine
not
exceeding
one
hundred
dollars.
The
court
may
6
order
the
person
to
perform
not
more
than
forty
hours
of
unpaid
7
community
service
instead
of
any
fine
or
imprisonment.
8
b.
A
parent,
guardian,
or
legal
or
actual
custodian
who
9
violates
a
mediation
agreement
under
subsection
3,
who
refuses
10
to
participate
in
mediation
under
subsection
3,
who
is
referred
11
for
prosecution
under
subsection
3
and
is
convicted
of
a
12
violation
of
subsection
2,
or
who
violates
subsection
2,
as
a
13
second
offense,
is
guilty
of
a
serious
misdemeanor.
A
second
14
offense
is
punishable
by
imprisonment
not
exceeding
twenty
days
15
or
a
fine
not
exceeding
five
hundred
dollars,
or
both
a
fine
16
and
imprisonment.
The
court
may
order
the
person
to
perform
17
unpaid
community
service
instead
of
any
fine
or
imprisonment.
18
c.
A
parent,
guardian,
or
legal
or
actual
custodian
19
who
violates
a
mediation
agreement
under
subsection
3,
who
20
refuses
to
participate
in
mediation
under
subsection
3,
who
is
21
referred
for
prosecution
under
subsection
3
and
is
convicted
22
of
a
violation
of
subsection
2,
or
who
violates
subsection
23
2,
as
a
third
or
subsequent
offense,
is
guilty
of
a
serious
24
misdemeanor.
A
third
or
subsequent
offense
is
punishable
by
25
imprisonment
not
exceeding
thirty
days
or
a
fine
not
exceeding
26
one
thousand
dollars,
or
both
a
fine
and
imprisonment.
The
27
court
may
order
the
person
to
perform
unpaid
community
service
28
instead
of
any
fine
or
imprisonment.
29
5.
a.
In
lieu
of
a
criminal
proceeding
under
this
section,
30
a
county
attorney
may
bring
a
civil
action
against
a
parent,
31
guardian,
or
legal
or
actual
custodian
who
violates
a
mediation
32
agreement
under
subsection
3,
who
refuses
to
participate
in
33
mediation
under
subsection
3,
who
is
referred
for
prosecution
34
under
subsection
3
and
is
convicted
of
a
violation
of
35
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subsection
2,
or
who
violates
subsection
2.
If
the
court
finds
1
that
a
parent,
guardian,
or
legal
or
actual
custodian
has
2
violated
a
mediation
agreement
under
subsection
3,
has
refused
3
to
participate
in
mediation
under
subsection
3,
was
referred
4
for
prosecution
under
subsection
3
and
was
convicted
of
a
5
violation
of
subsection
2,
or
has
violated
subsection
2,
the
6
court
shall
assess
a
civil
penalty
of
not
less
than
one
hundred
7
but
not
more
than
one
thousand
dollars
against
the
parent,
8
guardian,
or
legal
or
actual
custodian
for
each
violation.
9
b.
Funds
received
from
civil
penalties
assessed
pursuant
10
to
this
section
shall
be
paid
to
the
school
district
of
11
residence
or
school
district
of
enrollment,
if
open
enrolled,
12
or
nonpublic
school
of
the
student
who
engaged
in
the
harassing
13
or
bullying
behavior.
The
school
district
or
nonpublic
school
14
shall
use
moneys
received
under
this
subsection
to
support
15
programs
to
prevent
harassment
and
bullying.
16
6.
An
individual
enrolled
in
a
public
or
nonpublic
school
17
shall
not
engage
in
harassment
or
bullying
at
any
time.
18
EXPLANATION
19
This
bill
provides
that
a
parent,
guardian,
or
legal
or
20
actual
custodian
of
a
public
or
nonpublic
school
student
who
is
21
an
unemancipated
minor
child
under
the
age
of
18
years
shall
22
prevent
the
student
from
engaging
in
harassment
or
bullying
at
23
any
time.
24
The
bill
provides
that
if
a
student
engages
in
harassment
25
or
bullying,
school
officers
shall
attempt
to
work
with
the
26
student
and
the
student’s
parent,
guardian,
or
legal
or
actual
27
custodian
to
find
the
cause
for
the
student’s
harassing
or
28
bullying
behavior
and
to
ensure
that
the
student
does
not
29
engage
in
further
harassing
or
bullying
behavior.
The
bill
30
provides
that
if
the
parent,
guardian,
or
legal
or
actual
31
custodian,
or
student
refuses
to
accept
the
school’s
attempt
to
32
ensure
that
the
student
does
not
engage
in
further
harassing
or
33
bullying
behavior,
or
if
the
school’s
attempt
to
ensure
that
34
the
student
does
not
engage
in
further
harassing
or
bullying
35
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behavior
is
otherwise
unsuccessful,
the
school
officers
shall
1
refer
the
matter
to
the
county
attorney
for
mediation
or
2
prosecution
under
the
bill.
3
The
bill
provides
that
if
the
matter
is
referred
for
4
mediation,
the
county
attorney
shall
cause
a
notice
of
the
5
referral
to
be
sent
to
the
parent,
guardian,
or
legal
or
actual
6
custodian
and
designate
a
person
to
serve
as
mediator
in
the
7
matter.
The
bill
provides
that
the
mediator
shall
contact
the
8
school,
the
parent,
guardian,
or
legal
or
actual
custodian,
9
and
any
other
person
the
mediator
deems
appropriate
and
10
arrange
meeting
dates
and
times
for
discussion
of
the
student’s
11
harassing
or
bullying
behavior.
The
bill
provides
that
the
12
mediator
shall
attempt
to
ascertain
the
cause
of
the
student’s
13
harassing
or
bullying
behavior,
attempt
to
cause
the
parties
14
to
arrive
at
an
agreement
to
prevent
any
further
harassing
or
15
bullying
behavior,
and
initiate
referrals
to
any
agencies
or
16
counseling
that
the
mediator
believes
to
be
appropriate
under
17
the
circumstances.
The
bill
provides
that
the
mediator
may
18
refer
a
student
to
the
juvenile
court
if
mediation
breaks
down
19
without
an
agreement
being
reached.
20
The
bill
provides
that
if
the
parties
reach
an
agreement,
the
21
agreement
shall
be
reduced
to
writing,
shall
be
signed
by
all
22
parties,
and
shall
set
forth
the
resolution
of
the
issues
and
23
future
responsibilities
of
each
party.
24
The
bill
provides
that
the
student’s
school
shall
be
25
responsible
for
monitoring
any
agreements
arrived
at
through
26
mediation.
The
bill
provides
that
if
a
parent,
guardian,
27
or
legal
or
actual
custodian
refuses
to
engage
in
mediation
28
or
violates
a
term
of
the
agreement,
the
matter
shall
be
29
rereferred
to
the
county
attorney
for
prosecution
under
the
30
bill.
31
The
bill
establishes
criminal
penalties
for
a
parent,
32
guardian,
or
legal
or
actual
custodian
who
violates
a
mediation
33
agreement,
who
refuses
to
participate
in
mediation,
who
is
34
referred
for
prosecution
and
is
convicted
of
failing
to
prevent
35
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a
student
from
engaging
in
harassing
or
bullying
behavior,
or
1
who
fails
to
prevent
a
student
from
engaging
in
harassing
or
2
bullying
behavior.
A
first
offense
is
a
simple
misdemeanor,
3
punishable
by
imprisonment
not
exceeding
10
days
or
a
fine
not
4
exceeding
$100.
A
second
offense
is
a
serious
misdemeanor,
5
punishable
by
imprisonment
not
exceeding
20
days
or
a
fine
6
not
exceeding
$500,
or
both
a
fine
and
imprisonment.
A
third
7
or
subsequent
offense
is
a
serious
misdemeanor,
punishable
by
8
imprisonment
not
exceeding
30
days
or
a
fine
not
exceeding
9
$1,000,
or
both
a
fine
and
imprisonment.
The
bill
provides
10
that
a
court
may
order
the
offender
to
perform
unpaid
community
11
service
instead
of
any
fine
or
imprisonment.
12
The
bill
provides
that
in
lieu
of
a
criminal
proceeding,
13
a
county
attorney
may
bring
a
civil
action
against
a
parent,
14
guardian,
or
legal
or
actual
custodian
for
violating
a
15
mediation
agreement,
refusing
to
participate
in
mediation,
16
being
referred
for
prosecution
and
convicted
of
failing
to
17
prevent
a
student
from
engaging
in
harassing
or
bullying
18
behavior,
or
failing
to
prevent
a
student
from
engaging
in
19
harassing
or
bullying
behavior.
The
bill
provides
that
the
20
court
shall
assess
a
civil
penalty
of
not
less
than
$100
but
21
not
more
than
$1,000
against
the
parent,
guardian,
or
legal
22
or
actual
custodian
for
each
violation.
The
bill
provides
23
that
funds
received
from
civil
penalties
assessed
pursuant
to
24
the
bill
shall
be
paid
to
the
school
district
of
residence
or
25
school
district
of
enrollment,
if
open
enrolled,
or
nonpublic
26
school
of
the
student
who
engaged
in
the
harassing
or
bullying
27
behavior.
The
bill
provides
that
the
school
district
or
28
nonpublic
school
shall
use
such
funds
to
support
programs
to
29
prevent
harassment
and
bullying.
30
The
bill
prohibits
individuals
enrolled
in
public
or
31
nonpublic
schools
from
engaging
in
harassment
or
bullying
at
32
any
time.
33
Code
section
280.28,
subsection
2,
paragraph
“b”,
defines
34
“harassment”
or
“bullying”
to
mean
any
electronic,
written,
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verbal,
or
physical
act
or
conduct
toward
a
student
which
is
1
based
on
any
actual
or
perceived
trait
or
characteristic
of
2
the
student
and
which
creates
an
objectively
hostile
school
3
environment
that
places
the
student
in
reasonable
fear
of
4
harm
to
the
student’s
person
or
property;
has
a
substantially
5
detrimental
effect
on
the
student’s
physical
or
mental
health;
6
has
the
effect
of
substantially
interfering
with
a
student’s
7
academic
performance;
or
has
the
effect
of
substantially
8
interfering
with
the
student’s
ability
to
participate
in
or
9
benefit
from
the
services,
activities,
or
privileges
provided
10
by
a
school.
11
-7-
LSB
2007YH
(2)
85
je/rj
7/
7
