House File 2426 - Introduced HOUSE FILE 2426 BY HALL , EHLERT , JACOBY , KACENA , KRESSIG , BEARINGER , McKEAN , KONFRST , GASKILL , FORBES , JUDGE , STAED , STECKMAN , SUNDE , BROWN-POWERS , KURTH , WILBURN , NIELSEN , OLDSON , MASCHER , and WILLIAMS (COMPANION TO SF 2207 BY J. SMITH) A BILL FOR An Act relating to state and school antiharassment and 1 antibullying policies, providing for a competitive grant 2 program to provide related training, and providing for a 3 school climate and bullying prevention work group. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5441YH (3) 88 je/jh

H.F. 2426 Section 1. Section 256.7, Code 2020, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 34. Adopt by rule procedures for school 3 districts and accredited nonpublic schools to carry out the 4 collection and reporting of harassment and bullying incidence 5 data pursuant to section 280.28. The rules shall require the 6 inclusion of such data in the school district’s or school’s 7 basic educational data survey. The rules shall include 8 procedures to ensure the accuracy of the data and timelines for 9 school districts and accredited nonpublic schools to complete 10 such collection and reporting after an incident of harassment 11 or bullying occurs. The rules shall also provide for the 12 annual publication of such data on the department’s internet 13 site. 14 NEW SUBSECTION . 35. Subject to an appropriation of two 15 hundred fifty thousand dollars by the general assembly, 16 establish a competitive grant program for Iowa nonprofit 17 organizations with expertise in antibullying practices to 18 conduct research-based training on investigating complaints of 19 incidents of harassment or bullying pursuant to section 280.28 20 in school districts. 21 Sec. 2. Section 280.28, subsection 2, paragraph a, Code 22 2020, is amended to read as follows: 23 a. “Electronic” means any communication involving the 24 transmission of information by wire, radio, optical cable, 25 electromagnetic, or other similar means. “Electronic” includes 26 but is not limited to communication via electronic mail, 27 internet-based communications including social networking 28 sites , pager service, cell phones, and electronic text 29 messaging , and any other electronic communication site, device, 30 or means . 31 Sec. 3. Section 280.28, subsection 6, Code 2020, is amended 32 to read as follows: 33 6. Collection requirement. The board of directors of 34 a school district and the authorities in charge of each 35 -1- LSB 5441YH (3) 88 je/jh 1/ 6

H.F. 2426 nonpublic school shall develop and maintain a system to collect 1 harassment and bullying incidence data and report such data 2 to the department of education as required by the department 3 pursuant to section 256.7, subsection 34 . Such system shall 4 include data on the nature of each incident of harassment or 5 bullying, including but not limited to whether the nature of 6 the incident was electronic, verbal, relational, physical, 7 or motivated by bias against a trait or characteristic of a 8 student. A board shall identify students in the system using 9 only a student’s Iowa student state identification number. 10 Sec. 4. Section 280.28, Code 2020, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 9. Authority off school grounds. 13 a. A school official may investigate and impose school 14 discipline in a founded case of harassment or bullying that 15 occurs outside of school, off of school property, or away from 16 a school function or school-sponsored activity if all of the 17 following apply: 18 (1) An incident of harassment or bullying is reported 19 pursuant to the school’s policy adopted under subsection 3, 20 paragraph “e” . 21 (2) The alleged incident of harassment or bullying has 22 an effect on a student on school grounds that creates an 23 objectively hostile school environment that meets one or more 24 of the conditions set out under subsection 2, paragraph “b” . 25 b. A school official’s investigation and response to an 26 alleged incident of bullying or harassment that occurs outside 27 of school, off of school property, or away from a school 28 function or school-sponsored activity may include referring 29 the matter to appropriate community-based agencies including 30 but not limited to social services agencies, law enforcement 31 agencies, and nonprofit organizations. 32 Sec. 5. SCHOOL CLIMATE AND BULLYING PREVENTION WORK GROUP. 33 1. The department of education shall convene a 34 public-private work group of representatives of state and local 35 -2- LSB 5441YH (3) 88 je/jh 2/ 6

H.F. 2426 agencies, citizens, community groups, and organizations who 1 have experience and expertise in the areas of antibullying 2 education, research, and training. The work group, after 3 reviewing existing research, data, and strategies, shall 4 provide recommendations to the department regarding best 5 practices, training, resources, additional research needs, 6 data collection, changes to state law and administrative 7 rules, and any other matters to enhance statewide school 8 climate improvement and bullying prevention, awareness, and 9 intervention. 10 2. The membership of the work group shall include but not 11 be limited to the following, to be appointed by the director 12 of the department of education: 13 a. At least three Iowans who are experts in research-based 14 antibullying curricula or programs. 15 b. A public or nonpublic high school student. 16 c. A parent of a student enrolled in a public elementary or 17 secondary school on a full-time basis. 18 d. A parent of a student enrolled in a nonpublic elementary 19 or secondary school on a full-time basis. 20 e. A member from nominees submitted by the school 21 administrators of Iowa. 22 f. A member from nominees submitted by the Iowa association 23 of school boards. 24 g. A member from nominees submitted by the Iowa state 25 education association. 26 h. Representatives from any organizations representing 27 other relevant public or nonpublic school professionals. 28 i. A representative from a statewide organization that 29 provides research-based training on bullying for school 30 professionals. 31 j. A representative from at least one statewide 32 organization with at least five years’ experience in advocating 33 on bullying prevention based on research-based best practices. 34 k. A representative for children placed in foster care. 35 -3- LSB 5441YH (3) 88 je/jh 3/ 6

H.F. 2426 l. A representative of school counselors. 1 m. A member from nominees submitted by the Iowa parent 2 teacher association. 3 n. A representative of Iowa safe schools. 4 3. When making appointments to the work group, the director 5 shall ensure that public, nonpublic, urban, and rural schools 6 are adequately represented by the membership of the work group. 7 4. The work group shall also include two ex officio members 8 of each house of the general assembly. One member each shall 9 be selected by the majority leader of the senate and by the 10 minority leader of the senate, and one member each shall be 11 selected by the speaker of the house of representatives and by 12 the minority leader of the house of representatives. Members 13 of the general assembly shall serve for terms as provided in 14 section 69.16B and shall be entitled to receive per diem and 15 necessary travel and actual expenses pursuant to section 2.10, 16 subsection 5, while carrying out their official duties as 17 members of the work group. 18 5. The department shall convene the work group by October 19 1, 2020. The work group shall submit its findings and 20 recommendations in a final report to the department and the 21 chairpersons and ranking members of the senate and house 22 committees on education by December 13, 2021. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to antiharassment and antibullying efforts 27 in schools. 28 The bill requires the board of education to establish a 29 competitive grant program for Iowa nonprofit organizations with 30 expertise in antibullying practices to conduct research-based 31 training on investigating complaints of incidents of harassment 32 or bullying pursuant to Code section 280.28 in school 33 districts, subject to an appropriation of $250,000 by the 34 general assembly. 35 -4- LSB 5441YH (3) 88 je/jh 4/ 6

H.F. 2426 The bill modifies the definition of “electronic” under Code 1 section 280.28 by adding any other electronic communication 2 site, device, or means to the definition and by including 3 social networking sites as part of the term “internet-based 4 communications”. 5 The bill requires that the system developed and maintained 6 by school boards and authorities to collect harassment and 7 bullying incidence data include data on the nature of each 8 incident of harassment or bullying as specified in the bill. 9 The bill requires a board to identify students in the system 10 using only a student’s Iowa student state identification 11 number. 12 The bill requires the board of education to adopt by rule 13 procedures for school districts and accredited nonpublic 14 schools to carry out the collection and reporting of harassment 15 and bullying incidence data. The rules shall require the 16 inclusion of such data in the school district’s or school’s 17 basic educational data survey. The rules shall also include 18 procedures to ensure the accuracy of the data and timelines for 19 school districts and accredited nonpublic schools to complete 20 such collection and reporting after an incident of harassment 21 or bullying occurs. 22 The bill grants school officials the authority to 23 investigate and impose school discipline or take other action 24 in cases of alleged incidents of harassment or bullying that 25 occur outside of school, off of school property, or away from 26 school functions or school-sponsored activities if certain 27 conditions are met. Those conditions are that an incident of 28 harassment or bullying is reported pursuant to the school’s 29 antiharassment and antibullying policy; and that the alleged 30 incident of harassment or bullying has an effect on school 31 grounds that creates an objectively hostile school environment 32 that places the student in reasonable fear of harm to the 33 student’s person or property, has a substantially detrimental 34 effect on the student’s physical or mental health, has the 35 -5- LSB 5441YH (3) 88 je/jh 5/ 6

H.F. 2426 effect of substantially interfering with a student’s academic 1 performance, or has the effect of substantially interfering 2 with the student’s ability to participate in or benefit from 3 the services, activities, or privileges provided by a school. 4 The bill provides that a school official’s investigation 5 and response to an alleged incident of bullying or harassment 6 that occurs outside of school, off of school property, or away 7 from a school function or school-sponsored activity may include 8 referring the matter to appropriate community-based agencies. 9 The bill requires the department of education to convene 10 a public-private work group of representatives of state and 11 local agencies, citizens, community groups, and organizations 12 who have experience and expertise in the areas of antibullying 13 education, research, and training. The work group, after 14 reviewing existing research, data, and strategies, shall 15 provide recommendations to the department regarding matters 16 to enhance statewide school climate improvement and bullying 17 prevention, awareness, and intervention. The bill provides for 18 membership of the work group to be appointed by the director of 19 the department. When making appointments to the work group, 20 the director must ensure that public, nonpublic, urban, and 21 rural schools are adequately represented by the membership 22 of the work group. The work group shall also include ex 23 officio legislative members. The department must convene the 24 work group by October 1, 2020. The work group must submit 25 its findings and recommendations in a final report to the 26 department and the chairpersons and ranking members of the 27 senate and house committees on education by December 13, 2021. 28 -6- LSB 5441YH (3) 88 je/jh 6/ 6