Bill Text: IA SF345 | 2015-2016 | 86th General Assembly | Amended
Bill Title: A bill for an act relating to state and school antiharassment and antibullying policies, providing for training for school personnel, establishing a bullying and violence prevention student mentoring pilot program, and providing for a school climate and bullying work group. (Formerly SSB 1044.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2015-06-04 - Referred to Education. H.J. 1135. [SF345 Detail]
Download: Iowa-2015-SF345-Amended.html
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: SF 345 (7) 86 je/nh/jh 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,andelectronic 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,orfamilial 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. SF 345 (7) 86 je/nh/jh
