Bill Text: IA SF390 | 2017-2018 | 87th General Assembly | Introduced
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 a school climate improvement grant program, providing for a school climate and bullying work group, and making an appropriation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-01 - Subcommittee: Behn, Chelgren, and Quirmbach. S.J. 446. [SF390 Detail]
Download: Iowa-2017-SF390-Introduced.html
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: TLSB 1503XS (4) 87 je/nh 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,andelectronic 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,orfamilial 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. LSB 1503XS (4) 87 je/nh
