Bill Text: IA SSB1044 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study 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 making appropriations.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-02-25 - Voted - Education. [SSB1044 Detail]
Download: Iowa-2015-SSB1044-Introduced.html
Senate
Study
Bill
1044
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
A
BILL
FOR
An
Act
relating
to
state
and
school
antiharassment
and
1
antibullying
policies,
providing
for
training
for
school
2
personnel,
establishing
a
bullying
and
violence
prevention
3
student
mentoring
pilot
program,
and
making
appropriations.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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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
2015”.
2
Sec.
2.
Section
256.9,
Code
2015,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
66.
Subject
to
an
appropriation
of
funds
by
5
the
general
assembly,
ensure
each
school
district
has
access
to
6
adequate
training
on
conducting
investigations
of
complaints
of
7
incidents
of
harassment
or
bullying
pursuant
to
section
280.28
8
by
offering
such
training
on
an
annual
basis
to
at
least
one
9
employee
per
district.
10
Sec.
3.
NEW
SECTION
.
256.34
Bullying
and
violence
11
prevention
student
mentoring
pilot
program.
12
1.
Subject
to
an
appropriation
of
funds
by
the
general
13
assembly,
the
department
shall
establish
a
student
mentoring
14
pilot
program
to
explore
how
student
leadership
can
help
15
prevent
bullying
and
violence
in
schools.
The
program
shall
16
promote
best
practices
for
bullying
and
violence
prevention
for
17
middle
and
high
school
students.
18
2.
The
department
shall
establish
the
program
in
at
least
19
two
middle
schools
and
two
high
schools
in
the
state.
20
3.
The
department
shall
establish
criteria
for
the
21
selection
of
participating
schools
and
evaluation
of
the
22
program.
23
Sec.
4.
Section
280.28,
subsection
2,
paragraphs
a
and
c,
24
Code
2015,
are
amended
to
read
as
follows:
25
a.
“Electronic”
means
any
communication
involving
the
26
transmission
of
information
by
wire,
radio,
optical
cable,
27
electromagnetic,
or
other
similar
means.
“Electronic”
includes
28
but
is
not
limited
to
communication
via
electronic
mail,
29
internet-based
communications
including
social
networking
30
sites
,
pager
service,
cell
phones,
and
electronic
text
31
messaging
,
or
any
other
electronic
communication
site,
device,
32
or
means
.
33
c.
“Trait
or
characteristic
of
the
student”
includes
34
but
is
not
limited
to
age,
color,
creed,
national
origin,
35
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race,
religion,
marital
status,
sex,
sexual
orientation,
1
gender
identity,
physical
attributes,
physical
or
mental
2
ability
or
disability,
ancestry,
political
party
preference,
3
political
belief,
socioeconomic
status,
or
familial
status
,
4
behavior,
friendship
or
relationship
with
others,
or
any
5
other
distinguishing
characteristic.
This
paragraph
shall
be
6
construed
broadly
to
achieve
the
purposes
of
this
section
.
7
Sec.
5.
Section
280.28,
subsection
3,
Code
2015,
is
amended
8
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
h.
A
procedure
for
the
prompt
notification
10
of
the
parents
or
guardians
of
all
students
directly
involved
11
in
a
reported
incident
of
harassment
or
bullying.
The
12
procedure
shall
include
an
exception
to
the
notification
13
requirement
if
a
school
official
or
a
student
who
is
the
target
14
of
harassment
or
bullying
reasonably
believes
notification
15
would
subject
the
targeted
student
to
rejection,
abuse,
or
16
neglect
related
to
actual
or
perceived
sexual
orientation,
17
gender
identity,
or
gender
expression.
18
Sec.
6.
Section
280.28,
Code
2015,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
9.
Authority
off
school
grounds.
A
school
21
official
may
investigate
and
impose
school
discipline
or
take
22
other
action
in
the
case
of
an
alleged
incident
of
harassment
23
or
bullying
that
occurs
outside
of
school,
off
of
school
24
property,
or
away
from
a
school
function
or
school-sponsored
25
activity
if
all
of
the
following
apply:
26
a.
A
parent,
guardian,
student,
school
employee,
or
27
volunteer
reports
an
incident
of
harassment
or
bullying
28
pursuant
to
the
school’s
policy
adopted
under
subsection
3,
29
paragraph
“e”
.
30
b.
The
alleged
incident
of
harassment
or
bullying
has
an
31
effect
on
school
grounds
that
creates
an
objectively
hostile
32
school
environment
that
meets
one
or
more
of
the
conditions
set
33
out
under
subsection
2,
paragraph
“b”
.
34
Sec.
7.
Section
282.18,
subsection
11,
Code
2015,
is
amended
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to
read
as
follows:
1
11.
A
pupil
who
participates
in
open
enrollment
for
purposes
2
of
attending
a
grade
in
grades
nine
through
twelve
in
a
school
3
district
other
than
the
district
of
residence
is
ineligible
to
4
participate
in
varsity
interscholastic
athletic
contests
and
5
athletic
competitions
during
the
pupil’s
first
ninety
school
6
days
of
enrollment
in
the
district
except
that
the
pupil
may
7
participate
immediately
in
a
varsity
interscholastic
sport
if
8
the
pupil
is
entering
grade
nine
for
the
first
time
and
did
9
not
participate
in
an
interscholastic
athletic
competition
for
10
another
school
or
school
district
during
the
summer
immediately
11
following
eighth
grade,
if
the
district
of
residence
and
the
12
other
school
district
jointly
participate
in
the
sport,
if
the
13
sport
in
which
the
pupil
wishes
to
participate
is
not
offered
14
in
the
district
of
residence,
if
the
pupil
chooses
to
use
open
15
enrollment
to
attend
school
in
another
school
district
because
16
the
district
in
which
the
student
previously
attended
school
17
was
dissolved
and
merged
with
one
or
more
contiguous
school
18
districts
under
section
256.11,
subsection
12
,
if
the
pupil
19
participates
in
open
enrollment
because
the
pupil’s
district
20
of
residence
has
entered
into
a
whole
grade
sharing
agreement
21
with
another
district
for
the
pupil’s
grade,
or
if
the
parent
22
or
guardian
of
the
pupil
participating
in
open
enrollment
is
23
an
active
member
of
the
armed
forces
and
resides
in
permanent
24
housing
on
government
property
provided
by
a
branch
of
the
25
armed
services
,
or
if
the
district
of
residence
determines
26
that
the
pupil
was
previously
subject
to
a
founded
incident
27
of
harassment
or
bullying
as
defined
in
section
280.28
while
28
attending
school
in
the
district
of
residence
and
both
the
29
district
of
residence
and
the
other
school
district
agree
30
to
allow
the
pupil
to
participate
immediately
in
a
varsity
31
interscholastic
sport
.
A
pupil
who
has
paid
tuition
and
32
attended
school,
or
has
attended
school
pursuant
to
a
mutual
33
agreement
between
the
two
districts,
in
a
district
other
than
34
the
pupil’s
district
of
residence
for
at
least
one
school
year
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is
also
eligible
to
participate
immediately
in
interscholastic
1
athletic
contests
and
athletic
competitions
under
this
section
,
2
but
only
as
a
member
of
a
team
from
the
district
that
pupil
3
had
attended.
For
purposes
of
this
subsection
,
“school
days
of
4
enrollment”
does
not
include
enrollment
in
summer
school.
For
5
purposes
of
this
subsection
,
“varsity”
means
the
same
as
defined
6
in
section
256.46
.
7
Sec.
8.
APPROPRIATIONS.
There
is
appropriated
from
the
8
general
fund
of
the
state
to
the
department
of
education
9
for
the
fiscal
year
beginning
July
1,
2015,
and
ending
June
10
30,
2016,
the
following
amounts,
or
so
much
thereof
as
is
11
necessary,
to
be
used
for
the
purposes
designated:
12
1.
For
the
provision
of
training
on
conducting
13
investigations
of
complaints
of
incidents
of
harassment
or
14
bullying
pursuant
to
section
256.9,
subsection
66:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
150,000
16
The
department
shall
utilize
a
request
for
proposals
process
17
to
implement
the
training.
18
2.
For
the
establishment
of
a
bullying
and
violence
19
prevention
student
mentoring
pilot
program
pursuant
to
section
20
256.34:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50,000
22
The
department
shall
utilize
a
request
for
proposals
process
23
to
implement
the
pilot
program.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
requires
the
director
of
the
department
of
28
education,
subject
to
an
appropriation
of
funds
by
the
general
29
assembly,
to
ensure
each
school
district
has
access
to
adequate
30
training
on
conducting
investigations
of
complaints
of
31
incidents
of
harassment
or
bullying
pursuant
to
Code
section
32
280.28
by
offering
such
training
on
an
annual
basis
to
at
least
33
one
employee
per
district.
34
The
bill
requires
the
department
of
education,
subject
to
an
35
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appropriation
of
funds
by
the
general
assembly,
to
establish
1
a
student
mentoring
pilot
program
to
explore
how
student
2
leadership
can
help
prevent
bullying
and
violence
in
schools.
3
The
program
shall
promote
best
practices
for
bullying
and
4
violence
prevention
for
middle
and
high
school
students.
The
5
department
must
establish
the
program
in
at
least
two
middle
6
schools
and
two
high
schools.
The
department
must
establish
7
criteria
for
selection
of
participating
schools
and
evaluation
8
of
the
program.
9
The
bill
modifies
the
definition
of
“electronic”
under
state
10
law
relating
to
school
antiharassment
and
antibullying
policies
11
by
adding
any
other
electronic
communication
site,
device,
or
12
means
to
the
definition
and
by
including
social
networking
13
sites
as
part
of
the
term
“internet-based
communications”.
14
The
bill
modifies
the
definition
of
“harassment”
and
15
“bullying”
under
state
law
relating
to
school
antiharassment
16
and
antibullying
policies
by
adding
behavior,
friendship
17
or
relationship
with
others,
or
any
other
distinguishing
18
characteristic
to
the
definition.
The
bill
provides
that
the
19
definition
of
“harassment”
and
“bullying”
is
to
be
construed
20
broadly
to
achieve
the
purposes
of
the
law.
21
The
bill
requires
school
antiharassment
and
antibullying
22
policies
to
include
a
procedure
for
the
prompt
notification
of
23
the
parents
or
guardians
of
all
students
directly
involved
in
24
a
reported
incident
of
harassment
or
bullying.
The
procedure
25
must
include
an
exception
to
the
notification
requirement
if
a
26
school
official
or
a
student
who
is
the
target
of
harassment
27
or
bullying
reasonably
believes
notification
would
subject
the
28
targeted
student
to
rejection,
abuse,
or
neglect
related
to
29
actual
or
perceived
sexual
orientation,
gender
identity,
or
30
gender
expression.
31
The
bill
grants
school
officials
the
authority
to
32
investigate
and
impose
school
discipline
or
take
other
action
33
in
cases
of
alleged
incidents
of
harassment
or
bullying
that
34
occur
outside
of
school,
off
of
school
property,
or
away
from
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school
functions
or
school-sponsored
activities
if
certain
1
conditions
are
met.
Those
conditions
are
that
a
parent,
2
guardian,
student,
school
employee,
or
volunteer
reports
an
3
incident
of
harassment
or
bullying
pursuant
to
the
school’s
4
antiharassment
and
antibullying
policy;
and
that
the
alleged
5
incident
of
harassment
or
bullying
has
an
effect
on
school
6
grounds
that
creates
an
objectively
hostile
school
environment
7
that
places
the
student
in
reasonable
fear
of
harm
to
the
8
student’s
person
or
property;
has
a
substantially
detrimental
9
effect
on
the
student’s
physical
or
mental
health;
has
the
10
effect
of
substantially
interfering
with
a
student’s
academic
11
performance;
or
has
the
effect
of
substantially
interfering
12
with
the
student’s
ability
to
participate
in
or
benefit
from
13
the
services,
activities,
or
privileges
provided
by
a
school.
14
Current
law
provides
that
a
high
school
student
who
15
participates
in
open
enrollment
in
a
school
district
other
16
than
the
student’s
district
of
residence
is
ineligible
to
17
participate
in
varsity
interscholastic
athletic
contests
and
18
athletic
competitions
during
the
student’s
first
90
school
19
days
of
enrollment
in
the
district.
However,
a
student
may
20
participate
in
a
varsity
interscholastic
sport
immediately
upon
21
open
enrollment
under
various
exceptions
to
that
requirement.
22
The
bill
adds
an
additional
exception
if
a
student’s
23
district
of
residence
determines
that
the
student
was
24
previously
subject
to
a
founded
incident
of
harassment
or
25
bullying
while
attending
school
in
the
district
of
residence
26
and
both
the
district
of
residence
and
the
other
school
27
district
agree
to
allow
the
pupil
to
participate
immediately
in
28
a
varsity
interscholastic
sport.
29
Under
Code
section
280.28,
subsection
2,
“harassment”
and
30
“bullying”
shall
be
construed
to
mean
any
electronic,
written,
31
verbal,
or
physical
act
or
conduct
toward
a
student
which
is
32
based
on
any
actual
or
perceived
trait
or
characteristic
of
33
the
student
and
which
creates
an
objectively
hostile
school
34
environment
that
meets
one
or
more
of
certain
conditions.
35
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The
bill
appropriates
from
the
general
fund
of
the
state
to
1
the
department
of
education
for
fiscal
year
2015-2016,
$150,000
2
for
the
provision
of
training
on
conducting
investigations
of
3
complaints
of
incidents
of
harassment
or
bullying
pursuant
to
4
the
bill.
5
The
bill
appropriates
from
the
general
fund
to
the
6
department
of
education
for
fiscal
year
2015-2016,
$50,000
for
7
the
establishment
of
a
bullying
and
violence
prevention
student
8
mentoring
pilot
program
pursuant
to
the
bill.
9
The
department
must
utilize
a
request
for
proposals
process
10
to
implement
the
training
and
the
pilot
program.
11
-7-
LSB
1414XL
(4)
86
je/nh
7/
7
