Bill Text: IA SF162 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to state and school antibullying policies, establishing a school climate technical assistance office, and providing for the establishment of a school climate and bullying advisory committee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-02-10 - Subcommittee, Hogg, Dvorsky, and Johnson. S.J. 270. [SF162 Detail]

Download: Iowa-2015-SF162-Introduced.html

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Senate File 162 - Introduced




                                 SENATE FILE       
                                 BY  McCOY

                                      A BILL FOR

  1 An Act relating to state and school antibullying policies,
  2    establishing a school climate technical assistance office,
  3    and providing for the establishment of a school climate and
  4    bullying advisory committee.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1509XS (8) 86
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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.  By January 1, 2016, update the
  1  4 department's policies relating to bullying and advise the
  1  5 state board on any necessary updates to the department's rules
  1  6 adopted pursuant to chapter 17A relating to bullying. For
  1  7 purposes of this subsection, "bullying" means the same as
  1  8 defined in section 280.28, subsection 2.
  1  9    Sec. 2.  NEW SECTION.  256.100  School climate technical
  1 10 assistance office.
  1 11    1.  For purposes of this section, "bullying" means the same
  1 12 as defined in section 280.28, subsection 2.
  1 13    2.  A school climate technical assistance office is
  1 14 established in the department to assist school districts and
  1 15 accredited nonpublic schools in providing a safe and supportive
  1 16 learning environment and foster academic achievement for all
  1 17 students by focusing on prevention, intervention, support, and
  1 18 recovery efforts to develop and maintain safe and supportive
  1 19 schools. The office shall be responsible for coordination of
  1 20 state and department efforts to facilitate positive school
  1 21 climates in public and accredited nonpublic schools.  The
  1 22 office shall solicit input from social media experts in
  1 23 implementing this section.
  1 24    3.  The office shall provide the following services:
  1 25    a.  Compiling and making available to schools evidence=based
  1 26 practices and resources to develop and maintain safe and
  1 27 supportive schools.
  1 28    b.  Establishing and maintaining a central repository for
  1 29 collecting and analyzing information about bullying including
  1 30 but not limited to:
  1 31    (1)  Training materials on strategies and techniques to
  1 32 prevent and appropriately address bullying.
  1 33    (2)  Model programming to promote improving the school
  1 34 climate and prevent bullying.
  1 35    (3)  Remedial responses to bullying consistent with section
  2  1 280.28.
  2  2    (4)  Other resources for improving the school climate and
  2  3 preventing bullying.
  2  4    c.  Assisting schools to develop strategies and techniques
  2  5 for effectively communicating with and engaging parents in
  2  6 efforts to protect and deter students from bullying.
  2  7    d.  Reviewing, developing, and disseminating of
  2  8 evidence=based policies relating to improving the school
  2  9 climate and preventing bullying.
  2 10    e.  Single, point=of=contact services designed for schools,
  2 11 parents, and students seeking information or other help
  2 12 relating to improving the school climate and preventing
  2 13 bullying.
  2 14    f.  Qualitative and quantitative data gathering,
  2 15 interpretation, and dissemination of summary data for existing
  2 16 reporting systems and student surveys and the identification
  2 17 and pursuit of emerging trends and issues relating to improving
  2 18 the school climate and preventing bullying.
  2 19    g.  Assisting schools in using student survey results to
  2 20 inform intervention and prevention programs.
  2 21    h.  Education and skill building relating to improving the
  2 22 school climate and preventing bullying.
  2 23    i.  Multisector and multiagency planning and advisory
  2 24 activities incorporating best practices and research relating
  2 25 to improving the school climate and preventing bullying.
  2 26    Sec. 3.  NEW SECTION.  256.101  School climate and bullying
  2 27 advisory committee.
  2 28    1.  The school climate technical assistance office, at the
  2 29 direction of the director, shall establish a school climate
  2 30 and bullying advisory committee to enhance statewide school
  2 31 climate and bullying prevention, awareness, and intervention
  2 32 and provide the necessary resources for such efforts.
  2 33    2.  The advisory committee shall be a public=private
  2 34 collaboration of initiatives across state and local agencies,
  2 35 community groups, and organizations and shall have as voting
  3  1 members one representative of each of the following, appointed
  3  2 by the director in consultation with the applicable entity or
  3  3 group:
  3  4    a.  The department of human rights.
  3  5    b.  The state of Iowa youth advisory council.
  3  6    c.  The area education agency boards.
  3  7    d.  The Iowa state education association.
  3  8    e.  The school administrators of Iowa.
  3  9    f.  The Iowa association of school boards.
  3 10    g.  Iowa safe schools.
  3 11    h.  The Iowa school counselor association.
  3 12    i.  The Iowa chapter of the national association of social
  3 13 workers.
  3 14    j.  The interfaith alliance of Iowa.
  3 15    k.  The American civil liberties union of Iowa.
  3 16    l.  Disability rights Iowa.
  3 17    m.  The international bullying prevention association.
  3 18    n.  The Olweus bullying prevention program of Iowa.
  3 19    o.  Positive behavior interventions and supports personnel.
  3 20    p.  A regents institution professor who has conducted
  3 21 research focused on bullying prevention, intervention, and
  3 22 evaluation.
  3 23    q.  The Iowa Catholic conference.
  3 24    r.  The Iowa association of Christian schools.
  3 25    s.  An Iowa mental health association.
  3 26    t.  A parent advocate.
  3 27    3.  In addition to the voting members, the advisory committee
  3 28 membership shall include four members of the general assembly
  3 29 with one member designated by each of the following:  the
  3 30 majority leader of the senate, the minority leader of the
  3 31 senate, the speaker of the house of representatives, and the
  3 32 minority leader of the house of representatives. A legislative
  3 33 member serves for a term as provided in section 69.16B in an ex
  3 34 officio, nonvoting capacity.
  3 35    4.  The advisory committee shall provide research and make
  4  1 recommendations to school districts and accredited nonpublic
  4  2 schools regarding best practices to improve school climate and
  4  3 enhance bullying prevention, awareness, and intervention.
  4  4    5.  The advisory committee shall provide research and make
  4  5 recommendations to the state board regarding proposed rules
  4  6 pursuant to chapter 17A to administer section 280.28.
  4  7    6.  The advisory committee shall submit a report to the
  4  8 general assembly every two years beginning January 1, 2016,
  4  9 regarding school climate and bullying prevention. The report
  4 10 shall include an assessment of data reported from schools,
  4 11 recommended training for administrators and school employees,
  4 12 and policy recommendations to improve school climate in this
  4 13 state.
  4 14    7.  Members of the council shall receive actual and necessary
  4 15 expenses incurred while attending any meeting of the council
  4 16 and may also be eligible to receive compensation as provided in
  4 17 section 7E.6. All expense moneys paid to the nonlegislative
  4 18 members shall be paid from funds appropriated to the division.
  4 19 Legislative members shall receive compensation as provided in
  4 20 sections 2.10 and 2.12.
  4 21    8.  Vacancies in the membership of the committee shall be
  4 22 filled in the manner of the original appointments.
  4 23    Sec. 4.  Section 280.12, subsection 2, paragraph f, Code
  4 24 2015, is amended to read as follows:
  4 25    f.  Harassment or bullying Bullying prevention goals,
  4 26 programs, training, and other initiatives.
  4 27    Sec. 5.  Section 280.28, Code 2015, is amended to read as
  4 28 follows:
  4 29    280.28  Harassment and bullying Bullying prohibited == policy
  4 30 == immunity.
  4 31    1.  Purpose == findings == policy.  The state of Iowa is
  4 32 committed to providing all students with a safe and civil
  4 33 school environment in which all members of the school community
  4 34 are treated with dignity and respect. The general assembly
  4 35 finds that a safe and civil school environment is necessary
  5  1 for students to learn and achieve at high academic levels.
  5  2 Harassing and bullying Bullying behavior can seriously disrupt
  5  3 the ability of school employees to maintain a safe and civil
  5  4 environment, and the ability of students to learn and succeed.
  5  5 Therefore, it is the policy of the state of Iowa that school
  5  6 employees, volunteers, and students in Iowa schools shall not
  5  7 engage in harassing or bullying behavior.
  5  8    2.  Definitions.  For purposes of this section, unless the
  5  9 context otherwise requires:
  5 10    a.  (1)  "Bullying" means any unwanted aggressive behavior
  5 11 toward another student who is not a sibling, which involves
  5 12 an observed or perceived power imbalance, which is repeated
  5 13 or is likely to be repeated, which is based on any actual
  5 14 or perceived trait or characteristic of the student or any
  5 15 other reason, and which meets one or more of the following
  5 16 conditions:
  5 17    (a)  Places the student in reasonable fear of harm to the
  5 18 student's person or property.
  5 19    (b)  Has a substantially detrimental effect on the student's
  5 20 physical or mental health.
  5 21    (c)  Has the effect of materially or substantially
  5 22 interfering with a student's educational opportunities or
  5 23 education performance or ability to participate in school
  5 24 functions or activities or receive school benefits, services,
  5 25 or privileges.
  5 26    (2)  "Bullying" may include but is not limited to making
  5 27 threats, spreading rumors, attacking a student physically or
  5 28 verbally, or intentionally excluding a student from a group.
  5 29    a.  b.  "Electronic" means any communication involving the
  5 30 transmission of information by wire, radio, optical cable,
  5 31 electromagnetic, or other similar means. "Electronic" includes
  5 32 but is not limited to communication via electronic mail,
  5 33 internet=based communications including social networking
  5 34 sites, pager service, cell phones, and electronic text
  5 35 messaging, or any other electronic communication site, device,
  6  1 or means.
  6  2    b.  "Harassment" and "bullying" shall be construed to mean
  6  3 any electronic, written, verbal, or physical act or conduct
  6  4 toward a student which is based on any actual or perceived
  6  5 trait or characteristic of the student and which creates an
  6  6 objectively hostile school environment that meets one or more
  6  7 of the following conditions:
  6  8    (1)  Places the student in reasonable fear of harm to the
  6  9 student's person or property.
  6 10    (2)  Has a substantially detrimental effect on the student's
  6 11 physical or mental health.
  6 12    (3)  Has the effect of substantially interfering with a
  6 13 student's academic performance.
  6 14    (4)  Has the effect of substantially interfering with
  6 15 the student's ability to participate in or benefit from the
  6 16 services, activities, or privileges provided by a school.
  6 17    c.  "Power imbalance" means the use of power, including
  6 18 but not limited to physical strength, access to embarrassing
  6 19 information, or social popularity, to control or harm another
  6 20 student. A power imbalance between students may change over
  6 21 time and in different situations.
  6 22    c.  d.  "Trait or characteristic of the student" includes but
  6 23 is not limited to age, color, creed, national origin, race,
  6 24 religion, marital status, sex, sexual orientation, gender
  6 25 identity, physical attributes, physical or mental ability or
  6 26 disability, ancestry, political party preference, political
  6 27 belief, socioeconomic status, or familial status.
  6 28    d.  e.  "Volunteer" means an individual who has regular,
  6 29 significant contact with students.
  6 30    3.  Policy.  On or before September 1, 2007, the board of
  6 31 directors of a school district and the authorities in charge of
  6 32 each accredited nonpublic school shall adopt a policy declaring
  6 33 harassment and bullying in schools, on school property, and at
  6 34 any school function, or school=sponsored activity regardless
  6 35 of its location, in a manner consistent with this section, as
  7  1 against state and school policy.  The board and the authorities
  7  2 shall update the policy on or before January 1, 2016. The
  7  3 board and the authorities shall make a copy of the policy
  7  4 available to all school employees, volunteers, students, and
  7  5 parents or guardians and shall take all appropriate steps
  7  6 to bring the policy against harassment and bullying and the
  7  7 responsibilities set forth in the policy to the attention
  7  8 of school employees, volunteers, students, and parents or
  7  9 guardians. Each policy shall, at a minimum, include all of the
  7 10 following components:
  7 11    a.  A statement declaring harassment and bullying to be
  7 12 against state and school policy. The statement shall include
  7 13 but not be limited to the following provisions:
  7 14    (1)  School employees, volunteers, and students in
  7 15 school, on school property, or at any school function or
  7 16 school=sponsored activity shall not engage in harassing and
  7 17  bullying behavior.
  7 18    (2)  School employees, volunteers, and students shall not
  7 19 engage in reprisal, retaliation, or false accusation against a
  7 20 victim, witness, or an individual who has reliable information
  7 21 about such an act of harassment or bullying.
  7 22    b.  A definition of harassment and bullying as set forth in
  7 23 this section.
  7 24    c.  A description of the type of behavior expected from
  7 25 school employees, volunteers, parents or guardians, and
  7 26 students relative to prevention measures, reporting, and
  7 27 investigation of harassment or bullying.
  7 28    d.  The consequences and appropriate remedial action for a
  7 29 person who violates the antiharassment and antibullying policy.
  7 30    e.  A procedure for reporting a school employee, volunteer,
  7 31 student, parent or guardian, or any other person to report an
  7 32 act of harassment or bullying, including the identification
  7 33 by job title of the school official responsible for ensuring
  7 34 that the policy is implemented, and the identification of the
  7 35 person or persons responsible for receiving and investigating
  8  1  reports of harassment or bullying.  The procedure shall include
  8  2 a process to submit a report anonymously and with protection
  8  3 from retaliation.
  8  4    f.  A requirement that a school employee report in a timely
  8  5 and responsive manner any act of bullying that the school
  8  6 employee witnesses or is aware of to the school official
  8  7 responsible for receiving reports of bullying.
  8  8    f.  g.  A procedure for the prompt investigation of
  8  9 complaints, either identifying the school superintendent or
  8 10 the superintendent's designee as the individual responsible
  8 11 for conducting the investigation, including a statement that
  8 12 investigators will consider the totality of circumstances
  8 13 presented in determining whether conduct objectively
  8 14 constitutes harassment or bullying under this section.
  8 15    g.  h.  A statement of the manner in which the policy will
  8 16 be publicized.
  8 17    4.  Programs encouraged.  The board of directors of a school
  8 18 district and the authorities in charge of each accredited
  8 19 nonpublic school are encouraged to establish programs designed
  8 20 to eliminate harassment and bullying in schools. To the extent
  8 21 that funds are available for these purposes, school districts
  8 22 and accredited nonpublic schools shall do the following:
  8 23    a.  Provide training on antiharassment and antibullying
  8 24 policies to school employees and volunteers who have
  8 25 significant contact with students.
  8 26    b.  Develop a process to provide school employees,
  8 27 volunteers, and students with the skills and knowledge, based
  8 28 on research=based best practices, to help reduce incidents of
  8 29 harassment and bullying.  Such training shall include but not
  8 30 be limited to training based on the needs identified by the
  8 31 data analysis and survey required by subsection 6.
  8 32    5.  Immunity.  A school employee, volunteer, or student, or
  8 33 a student's parent or guardian who promptly, reasonably, and in
  8 34 good faith reports an incident of harassment or bullying, in
  8 35 compliance with the procedures in the policy adopted pursuant
  9  1 to this section, to the appropriate school official designated
  9  2 by the school district or accredited nonpublic school, shall
  9  3 be immune from civil or criminal liability relating to such
  9  4 report and to participation in any administrative or judicial
  9  5 proceeding resulting from or relating to the report.
  9  6    6.  Collection requirement.  The board of directors of
  9  7 a school district and the authorities in charge of each
  9  8 nonpublic school shall develop and maintain a system to collect
  9  9 harassment and bullying incidence data.  The board and the
  9 10 authorities shall analyze the data and shall survey school
  9 11 employees, volunteers, students, and parents or guardians to
  9 12 identify professional development and training needs relating
  9 13 to the school's antibullying policy.
  9 14    7.  Integration of policy and reporting.  The board of
  9 15 directors of a school district and the authorities in charge of
  9 16 each nonpublic school shall integrate its antiharassment and
  9 17  antibullying policy into the comprehensive school improvement
  9 18 plan required under section 256.7, subsection 21, and shall
  9 19 report data collected under subsection 6, as specified by the
  9 20 department, to the local community.
  9 21    8.  Authority on and off school grounds.  Each school district
  9 22 and accredited nonpublic school shall have the authority and
  9 23 responsibility to impose reasonable and educationally based
  9 24 discipline, consistent with a student's constitutional rights,
  9 25 for bullying that occurs on or is perceived on school property
  9 26 or occurs at a school=sponsored activity or event on or off
  9 27 school property, or occurs off school property or outside of a
  9 28 school=sponsored activity or event if the behavior meets one of
  9 29 more of the following conditions:
  9 30    a.  Interferes with a student's educational opportunities.
  9 31    b.  Creates a hostile environment for a student.
  9 32    c.  Substantially disrupts the orderly operations of the
  9 33 school or a school=sponsored activity or event.
  9 34    8.  9.  Existing remedies not affected.  This section
  9 35 shall not be construed to preclude a victim from seeking
 10  1 administrative or legal remedies under any applicable provision
 10  2 of law.
 10  3                           EXPLANATION
 10  4 The inclusion of this explanation does not constitute agreement with
 10  5 the explanation's substance by the members of the general assembly.
 10  6    This bill establishes a school climate technical assistance
 10  7 office in the state department of education. The office shall
 10  8 assist school districts and accredited nonpublic schools in
 10  9 providing a safe and supportive learning environment and
 10 10 fostering academic achievement for all students by focusing
 10 11 on prevention, intervention, support, and recovery efforts to
 10 12 develop and maintain safe and supportive schools. The office
 10 13 shall be responsible for coordination of state and department
 10 14 efforts to facilitate positive school climates in public and
 10 15 accredited nonpublic schools. The office shall solicit input
 10 16 from social media experts in implementing the bill.
 10 17    The bill provides duties of the office, including compiling
 10 18 and making available to schools evidence=based practices
 10 19 and resources to develop and maintain safe and supportive
 10 20 schools, establishing and maintaining a central repository
 10 21 for collecting and analyzing information about bullying, and
 10 22 assisting schools to develop strategies and techniques for
 10 23 effectively communicating with and engaging parents in efforts
 10 24 to protect and deter students from bullying.
 10 25    The bill directs the school climate technical assistance
 10 26 office, at the direction of the director of the department
 10 27 of education, to establish a school climate and bullying
 10 28 advisory committee. The advisory committee shall enhance
 10 29 statewide school climate and bullying prevention, awareness,
 10 30 and intervention and provide the necessary resources for such
 10 31 efforts. The advisory committee shall be a public=private
 10 32 collaboration of initiatives across state and local agencies,
 10 33 community groups, and organizations. The bill provides for
 10 34 the voting membership of the committee and for nonvoting
 10 35 legislative members.
 11  1 The advisory committee shall provide research and make
 11  2 recommendations to school districts and accredited nonpublic
 11  3 schools regarding best practices to improve school climate
 11  4 and enhance bullying prevention, awareness, and intervention.
 11  5 The advisory committee shall provide research and make
 11  6 recommendations to the state board of education regarding
 11  7 proposed administrative rules to administer the state
 11  8 antibullying law. The advisory committee shall submit a
 11  9 biennial report to the general assembly beginning January 1,
 11 10 2016, regarding school climate and bullying prevention.
 11 11    The bill requires the director of the department of
 11 12 education to update the department's policies relating to
 11 13 bullying and advise the state board of education on any
 11 14 necessary updates to the department's administrative rules
 11 15 relating to bullying.
 11 16    The bill makes various changes to Code section 280.28, the
 11 17 state antibullying law.
 11 18    The bill strikes the current definition of "harassment" and
 11 19 "bullying" and provides instead a definition of "bullying".
 11 20 The bill strikes references to harassment in Code section
 11 21 280.28. The bill defines bullying as any unwanted aggressive
 11 22 behavior toward another student who is not a sibling, which
 11 23 involves an observed or perceived power imbalance, which is
 11 24 repeated or is likely to be repeated, which is based on any
 11 25 actual or perceived trait or characteristic of the student
 11 26 or any other reason, and which meets one or more of certain
 11 27 conditions. The bill specifies that bullying may include but
 11 28 is not limited to making threats, spreading rumors, attacking
 11 29 a student physically or verbally, or intentionally excluding
 11 30 a student from a group. The bill defines "power imbalance"
 11 31 as the use of power, including but not limited to physical
 11 32 strength, access to embarrassing information, or social
 11 33 popularity, to control or harm another student. The bill
 11 34 specifies that a power imbalance between students may change
 11 35 over time and in different situations.
 12  1 The bill modifies the definition of "electronic" by adding
 12  2 any other electronic communication site, device, or means to
 12  3 the definition and by including social networking sites as part
 12  4 of the term "internet=based communications".
 12  5    The bill requires the board of directors of a school district
 12  6 and the authorities in charge of each accredited nonpublic
 12  7 school to update the district's or school's antibullying policy
 12  8 on or before January 1, 2016.
 12  9    The bill requires such policies to include a procedure for
 12 10 a school employee, volunteer, student, parent or guardian,
 12 11 or any other person to report an act of bullying, including
 12 12 the identification by job title of the school official
 12 13 responsible for ensuring that the policy is implemented, and
 12 14 the identification of the person or persons responsible for
 12 15 receiving and investigating reports of bullying. The procedure
 12 16 must include a process to submit a report anonymously and with
 12 17 protection from retaliation.
 12 18    The bill requires that such policies include a requirement
 12 19 that a school employee report in a timely and responsive manner
 12 20 any act of bullying that the school employee witnesses or is
 12 21 aware of to the school official responsible for receiving
 12 22 reports of bullying.
 12 23    The bill requires school districts and accredited nonpublic
 12 24 schools, to the extent that funds are available, to develop a
 12 25 process to provide school employees, volunteers, and students
 12 26 with the skills and knowledge, based on research=based best
 12 27 practices, to help reduce incidents of bullying. Such training
 12 28 shall include but not be limited to training based on the needs
 12 29 identified by the data analysis and survey required by Code
 12 30 section 280.28, subsection 6.
 12 31    Current law requires the board of directors of a school
 12 32 district and the authorities in charge of each nonpublic school
 12 33 to develop and maintain a system to collect bullying incidence
 12 34 data. The bill requires the board and the authorities to
 12 35 analyze the data and to survey school employees, volunteers,
 13  1 students, and parents or guardians to identify professional
 13  2 development and training needs relating to the school's
 13  3 antibullying policy.
 13  4    The bill provides that each school district and accredited
 13  5 nonpublic school shall have the authority and responsibility
 13  6 to impose reasonable and educationally based discipline,
 13  7 consistent with a student's constitutional rights, for bullying
 13  8 that occurs on or is perceived on school property or occurs at
 13  9 a school=sponsored activity or event on or off school property,
 13 10 or occurs off school property or outside of a school=sponsored
 13 11 activity or event if the behavior meets one or more of certain
 13 12 conditions.
       LSB 1509XS (8) 86
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