Bill Text: IA HF2409 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to state and school antiharassment and antibullying policies and providing for training on bullying prevention. (Formerly HSB 525)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-04-29 - Referred to Education. H.J. 844. [HF2409 Detail]
Download: Iowa-2013-HF2409-Introduced.html
House
File
2409
-
Introduced
HOUSE
FILE
2409
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HSB
525)
A
BILL
FOR
An
Act
relating
to
state
and
school
antiharassment
and
1
antibullying
policies
and
providing
for
training
on
bullying
2
prevention.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
SHORT
TITLE.
This
Act
shall
be
known
and
may
be
1
cited
as
the
“Bully
Free
Iowa
Act
of
2014”.
2
Sec.
2.
Section
256.7,
Code
2014,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
33.
Adopt
rules
providing
for
annual
5
notification
by
the
department
to
all
school
districts
and
6
accredited
nonpublic
schools
regarding
the
availability
of
7
training
meeting
the
requirements
of
section
272.2,
subsection
8
19.
After
receipt
of
such
notification,
a
school
district
9
or
accredited
nonpublic
school
shall
notify
all
employees
10
holding
a
license,
certificate,
authorization,
or
statement
11
of
recognition
issued
by
the
board
of
educational
examiners
12
regarding
the
availability
of
such
training.
13
Sec.
3.
Section
256.7,
Code
2014,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
34.
Adopt
rules
incorporating
the
training
16
required
by
section
272.2,
subsection
19,
into
the
standards
17
for
individual
teacher
professional
development
plans
in
18
accordance
with
section
284.6
and
individual
administrator
19
professional
development
plans
in
accordance
with
section
20
284A.6.
21
Sec.
4.
NEW
SECTION
.
256.100
Harassment
and
bullying
22
prevention
and
response.
23
1.
The
department
shall
coordinate
and
implement
the
24
state’s
efforts
to
prevent
and
respond
to
harassment
and
25
bullying
as
defined
in
section
280.28.
The
department
may
26
enter
into
chapter
28E
agreements
with
the
board
of
educational
27
examiners,
the
department
of
human
rights,
the
civil
rights
28
commission,
and
postsecondary
educational
institutions
for
the
29
joint
employment
of
personnel
to
carry
out
its
duties.
30
2.
The
department
shall:
31
a.
Assist
schools
in
this
state
in
implementation
of
section
32
280.28,
using
research-based
best
practices.
33
b.
Develop
or
recommend
qualified
training
programs
for
34
training
required
by
section
272.2,
subsection
19.
35
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c.
Provide
assistance
to
school
employees
responsible
1
for
conducting
investigations
of
complaints
of
incidents
of
2
harassment
or
bullying
to
ensure
compliance
with
section
3
280.28.
4
d.
Have
access
to,
compare,
and
analyze
harassment
and
5
bullying
incidence
data
reported
by
school
districts
and
6
accredited
nonpublic
schools
pursuant
to
section
280.28,
7
subsection
7,
and
response
data
from
the
Iowa
youth
survey
8
conducted
by
the
department
of
public
health.
The
department
9
may
use
its
analysis
to
provide
technical
assistance
to
10
districts
and
schools
regarding
their
data
outcomes.
11
Sec.
5.
Section
272.2,
Code
2014,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
19.
a.
Adopt
rules
requiring
all
14
individuals
applying
for
or
renewing
a
license,
certificate,
15
authorization,
or
statement
of
recognition
issued
by
the
board
16
to
complete
training
approved
by
the
department
on
harassment
17
and
bullying
prevention
and
response.
18
b.
Adopt
rules
requiring
all
individuals
applying
for
or
19
renewing
an
administrator
license
to
complete
training
approved
20
by
the
department
on
implementation
of
school-wide
policies
21
and
procedures
for
harassment
and
bullying
identification,
22
reporting,
response,
and
prevention
and
for
the
training
of
23
individuals
who
are
responsible
for
conducting
investigations
24
of
complaints
of
incidents
of
harassment
or
bullying.
25
c.
Adopt
rules
providing
for
waiver
or
suspension
of
26
the
training
requirements
of
this
subsection
if
the
waiver
27
or
suspension
is
in
the
public
interest,
applicable
to
an
28
individual
who
is
engaged
in
active
duty
in
the
military
29
service
of
this
state
or
of
the
United
States,
to
an
individual
30
for
whom
compliance
with
the
training
requirements
would
impose
31
a
significant
hardship,
or
to
an
individual
who
is
practicing
32
in
an
education
profession
outside
this
state.
33
Sec.
6.
Section
280.28,
subsection
2,
paragraphs
a
and
b,
34
Code
2014,
are
amended
to
read
as
follows:
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a.
“Electronic”
means
any
communication
involving
the
1
transmission
of
information
by
wire,
radio,
optical
cable,
2
electromagnetic,
or
other
similar
means.
“Electronic”
includes
3
but
is
not
limited
to
communication
via
electronic
mail,
4
internet-based
communications
including
social
networking
5
sites
,
pager
service,
cell
phones,
and
electronic
text
6
messaging
,
or
any
other
electronic
communication
site,
device,
7
or
means
.
8
b.
“Harassment”
and
“bullying”
shall
be
construed
to
mean
9
any
electronic,
written,
verbal,
or
physical
act
or
conduct
10
toward
a
student
which
is
based
on
any
actual
or
perceived
11
trait
or
characteristic
of
the
student
or
any
other
reason
and
12
which
creates
an
objectively
hostile
school
environment
that
13
meets
one
or
more
of
the
following
conditions:
14
(1)
Places
the
student
in
reasonable
fear
of
harm
to
the
15
student’s
person
or
property.
16
(2)
Has
a
substantially
detrimental
effect
on
the
student’s
17
physical
or
mental
health.
18
(3)
Has
the
effect
of
substantially
interfering
with
a
19
student’s
academic
performance.
20
(4)
Has
the
effect
of
substantially
interfering
with
21
the
student’s
ability
to
participate
in
or
benefit
from
the
22
services,
activities,
or
privileges
provided
by
a
school.
23
Sec.
7.
Section
280.28,
subsection
3,
Code
2014,
is
amended
24
by
adding
the
following
new
paragraphs:
25
NEW
PARAGRAPH
.
h.
A
procedure
for
the
prompt
notification
26
of
the
parents
or
guardians
of
all
students
directly
involved
27
in
a
reported
incident
of
harassment
or
bullying.
The
28
procedure
may
include
an
exception
to
the
notification
29
requirement
if
a
school
official
reasonably
believes
30
notification
would
subject
a
student
to
abuse
or
neglect.
31
NEW
PARAGRAPH
.
i.
A
procedure
for
documenting
the
actions
32
taken
by
the
school
to
investigate
and
respond
to
harassment
33
or
bullying.
34
Sec.
8.
Section
280.28,
subsection
7,
Code
2014,
is
amended
35
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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.
Antiharassment
and
antibullying
training
completed
by
13
school
employees,
volunteers,
and
students
during
each
school
14
year.
15
Sec.
9.
Section
280.28,
Code
2014,
is
amended
by
adding
the
16
following
new
subsections:
17
NEW
SUBSECTION
.
9.
Authority
off
school
grounds.
A
school
18
official
may
investigate
and
impose
school
discipline
or
take
19
other
action
in
the
case
of
an
alleged
incident
of
harassment
20
or
bullying,
including
cyberbullying,
that
occurs
outside
of
21
school,
off
of
school
property,
or
away
from
a
school
function
22
or
school-sponsored
activity
if
all
of
the
following
apply:
23
a.
A
parent,
guardian,
student,
school
employee,
or
24
volunteer
reports
an
incident
of
harassment
or
bullying
25
pursuant
to
the
school’s
policy
adopted
under
subsection
3,
26
paragraph
“e”
.
27
b.
The
alleged
incident
of
harassment
or
bullying
has
an
28
effect
on
school
grounds
that
creates
an
objectively
hostile
29
school
environment
that
meets
one
or
more
of
the
conditions
set
30
out
under
subsection
2,
paragraph
“b”
.
31
NEW
SUBSECTION
.
10.
Rulemaking
authority.
The
department
32
of
education
may
adopt
rules
necessary
to
administer
this
33
section
in
a
uniform
way
across
the
state.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
requires
all
individuals
applying
for
or
renewing
3
a
license,
certificate,
authorization,
or
statement
of
4
recognition
issued
by
the
board
of
educational
examiners
to
5
complete
training
approved
by
the
department
of
education
6
on
harassment
and
bullying
prevention
and
response.
The
7
bill
requires
all
individuals
applying
for
or
renewing
8
an
administrator
license
to
complete
training
approved
by
9
the
department
on
implementation
of
school-wide
policies
10
and
procedures
for
harassment
and
bullying
identification,
11
reporting,
response,
and
prevention
and
for
the
training
of
12
individuals
who
are
responsible
for
conducting
investigations
13
of
complaints
of
incidents
of
harassment
or
bullying.
14
The
bill
requires
the
board
to
waive
or
suspend
the
training
15
requirements
under
certain
conditions.
The
department
of
16
education
is
to
annually
notify
all
school
districts
and
17
accredited
nonpublic
schools
of
the
availability
of
the
18
required
training.
The
school
districts
and
accredited
19
nonpublic
schools
shall
then
notify
all
employees
holding
20
a
license,
certificate,
authorization,
or
statement
of
21
recognition
issued
by
the
board
of
the
availability
of
such
22
training.
The
bill
requires
the
board
of
education
to
adopt
23
rules
incorporating
the
training
requirements
into
the
24
standards
for
individual
teacher
professional
development
plans
25
and
individual
administrator
professional
development
plans.
26
The
bill
provides
duties
for
the
department
of
education
27
relating
to
harassment
and
bullying
prevention
and
response.
28
The
department
shall
coordinate
and
implement
the
state’s
29
efforts
to
prevent
and
respond
to
harassment
and
bullying
30
as
defined
in
Code
section
280.28,
the
state
antiharassment
31
and
antibullying
law.
The
department
may
enter
into
Code
32
chapter
28E
agreements
with
certain
public
agencies
for
the
33
joint
employment
of
personnel
to
carry
out
its
duties.
The
34
department
shall
assist
schools
in
Iowa
in
implementation
of
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Code
section
280.28,
using
research-based
best
practices.
1
The
department
shall
develop
or
recommend
qualified
training
2
programs
for
training
required
by
the
bill.
The
department
3
shall
provide
assistance
to
school
employees
responsible
4
for
conducting
investigations
of
complaints
of
incidents
of
5
harassment
or
bullying
to
ensure
compliance
with
Code
section
6
280.28.
The
department
shall
have
access
to,
compare,
and
7
analyze
harassment
and
bullying
incidence
data
reported
by
8
school
districts
and
accredited
nonpublic
schools
pursuant
to
9
Code
section
280.28,
and
response
data
from
the
Iowa
youth
10
survey
conducted
by
the
department
of
public
health.
The
11
department
may
use
its
analysis
to
provide
technical
assistance
12
to
districts
and
schools
regarding
their
data
outcomes.
13
The
bill
modifies
the
definition
of
“electronic”
under
Code
14
section
280.28
by
adding
any
other
electronic
communication
15
site,
device,
or
means
to
the
definition
and
by
including
16
social
networking
sites
as
part
of
the
term
“internet-based
17
communications”.
18
Under
current
law,
the
definition
of
“harassment”
and
19
“bullying”
under
Code
section
280.28
applies
to
an
act
or
20
conduct
toward
a
student
which
is
based
on
any
actual
or
21
perceived
trait
or
characteristic
of
the
student.
The
bill
22
modifies
the
definition
by
including
an
act
or
conduct
toward
a
23
student
which
is
based
on
any
other
reason
as
well.
24
The
bill
requires
school
antiharassment
and
antibullying
25
policies
to
include
a
procedure
for
the
prompt
notification
of
26
the
parents
or
guardians
of
all
students
directly
involved
in
a
27
reported
incident
of
harassment
or
bullying.
The
bill
provides
28
that
the
procedure
may
include
an
exception
to
the
notification
29
requirement
if
a
school
official
reasonably
believes
30
notification
would
subject
a
student
to
abuse
or
neglect.
31
The
bill
requires
state
antiharassment
and
antibullying
32
policies
to
include
a
procedure
for
documenting
the
actions
33
taken
by
the
school
to
investigate
and
respond
to
harassment
34
or
bullying.
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The
bill
modifies
data
reporting
requirements
for
schools
1
under
Code
section
280.28
by
requiring
the
board
of
directors
2
of
a
school
district
and
the
authorities
in
charge
of
each
3
nonpublic
school
to
report
certain
additional
information
to
4
the
department
of
education
and
the
local
community.
5
The
bill
grants
school
officials
the
authority
to
6
investigate
and
impose
school
discipline
or
take
other
action
7
in
cases
of
alleged
incidents
of
harassment
or
bullying,
8
including
cyberbullying,
that
occur
outside
of
school,
9
off
of
school
property,
or
away
from
school
functions
or
10
school-sponsored
activities
if
certain
conditions
are
met.
11
Those
conditions
are
that
a
parent,
guardian,
student,
school
12
employee,
or
volunteer
reports
an
incident
of
harassment
13
or
bullying
pursuant
to
the
school’s
antiharassment
and
14
antibullying
policy;
and
that
the
alleged
incident
of
15
harassment
or
bullying
has
an
effect
on
school
grounds
that
16
creates
an
objectively
hostile
school
environment
that
places
17
the
student
in
reasonable
fear
of
harm
to
the
student’s
18
person
or
property;
has
a
substantially
detrimental
effect
19
on
the
student’s
physical
or
mental
health;
has
the
effect
20
of
substantially
interfering
with
a
student’s
academic
21
performance;
or
has
the
effect
of
substantially
interfering
22
with
the
student’s
ability
to
participate
in
or
benefit
from
23
the
services,
activities,
or
privileges
provided
by
a
school.
24
The
bill
permits
the
department
of
education
to
adopt
rules
25
necessary
to
administer
Code
section
280.28
in
a
uniform
way
26
across
the
state.
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