HF 2426 (LSB 5441YH (3) 88)

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 antibullying policies, providing for a competitive grant program to provide related training, and providing for a school climate and bullying prevention work group.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.7, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  34.  Adopt by rule procedures for school districts and accredited nonpublic schools to carry out the collection and reporting of harassment and bullying incidence data pursuant to section 280.28. The rules shall require the inclusion of such data in the school district’s or school’s basic educational data survey. The rules shall include procedures to ensure the accuracy of the data and timelines for school districts and accredited nonpublic schools to complete such collection and reporting after an incident of harassment or bullying occurs. The rules shall also provide for the annual publication of such data on the department’s internet site. 
   NEW SUBSECTION.  35.  Subject to an appropriation of two hundred fifty thousand dollars by the general assembly, establish a competitive grant program for Iowa nonprofit organizations with expertise in antibullying practices to conduct research-based training on investigating complaints of incidents of harassment or bullying pursuant to section 280.28 in school districts.
    Sec. 2.  Section 280.28, subsection 2, paragraph a, Code 2020, is amended to read as follows:
   a.  “Electronic” means any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications including social networking sites, pager service, cell phones, and electronic text messaging, and any other electronic communication site, device, or means.
    Sec. 3.  Section 280.28, subsection 6, Code 2020, is amended to read as follows:
   6.  Collection requirement.  The board of directors of a school district and the authorities in charge of each nonpublic school shall develop and maintain a system to collect harassment and bullying incidence data and report such data to the department of education as required by the department pursuant to section 256.7, subsection 34.  Such system shall include data on the nature of each incident of harassment or bullying, including but not limited to whether the nature of the incident was electronic, verbal, relational, physical, or motivated by bias against a trait or characteristic of a student. A board shall identify students in the system using only a student’s Iowa student state identification number.
    Sec. 4.  Section 280.28, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  Authority off school grounds.
   a.  A school official may investigate and impose school discipline in a founded case of harassment or bullying that occurs outside of school, off of school property, or away from a school function or school-sponsored activity if all of the following apply:
   (1)  An incident of harassment or bullying is reported pursuant to the school’s policy adopted under subsection 3, paragraph “e”.
   (2)  The alleged incident of harassment or bullying has an effect on a student on school grounds that creates an objectively hostile school environment that meets one or more of the conditions set out under subsection 2, paragraph “b”.
   b.  A school official’s investigation and response to an alleged incident of bullying or harassment that occurs outside of school, off of school property, or away from a school function or school-sponsored activity may include referring the matter to appropriate community-based agencies including but not limited to social services agencies, law enforcement agencies, and nonprofit organizations.
    Sec. 5.  SCHOOL CLIMATE AND BULLYING PREVENTION WORK GROUP.
   1.  The department of education shall convene a public-private work group of representatives of state and local agencies, citizens, community groups, and organizations who have experience and expertise in the areas of antibullying education, research, and training. The work group, after reviewing existing research, data, and strategies, shall provide recommendations to the department regarding best practices, training, resources, additional research needs, data collection, changes to state law and administrative rules, and any other matters to enhance statewide school climate improvement and bullying prevention, awareness, and intervention.
   2.  The membership of the work group shall include but not be limited to the following, to be appointed by the director of the department of education:
   a.  At least three Iowans who are experts in research-based antibullying curricula or programs.
   b.  A public or nonpublic high school student.
   c.  A parent of a student enrolled in a public elementary or secondary school on a full-time basis.
   d.  A parent of a student enrolled in a nonpublic elementary or secondary school on a full-time basis.
   e.  A member from nominees submitted by the school administrators of Iowa.
   f.  A member from nominees submitted by the Iowa association of school boards.
   g.  A member from nominees submitted by the Iowa state education association.
   h.  Representatives from any organizations representing other relevant public or nonpublic school professionals.
   i.  A representative from a statewide organization that provides research-based training on bullying for school professionals.
   j.  A representative from at least one statewide organization with at least five years’ experience in advocating on bullying prevention based on research-based best practices.
   k.  A representative for children placed in foster care.
   l.  A representative of school counselors.
   m.  A member from nominees submitted by the Iowa parent teacher association.
   n.  A representative of Iowa safe schools.
   3.  When making appointments to the work group, the director shall ensure that public, nonpublic, urban, and rural schools are adequately represented by the membership of the work group.
   4.  The work group shall also include two ex officio members of each house of the general assembly. One member each shall be selected by the majority leader of the senate and by the minority leader of the senate, and one member each shall be selected by the speaker of the house of representatives and by the minority leader of the house of representatives. Members of the general assembly shall serve for terms as provided in section 69.16B and shall be entitled to receive per diem and necessary travel and actual expenses pursuant to section 2.10, subsection 5, while carrying out their official duties as members of the work group.
   5.  The department shall convene the work group by October 1, 2020. The work group shall submit its findings and recommendations in a final report to the department and the chairpersons and ranking members of the senate and house committees on education by December 13, 2021.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to antiharassment and antibullying efforts in schools.
   The bill requires the board of education to establish a competitive grant program for Iowa nonprofit organizations with expertise in antibullying practices to conduct research-based training on investigating complaints of incidents of harassment or bullying pursuant to Code section 280.28 in school districts, subject to an appropriation of $250,000 by the general assembly.
   The bill modifies the definition of “electronic” under Code section 280.28 by adding any other electronic communication site, device, or means to the definition and by including social networking sites as part of the term “internet-based communications”.
   The bill requires that the system developed and maintained by school boards and authorities to collect harassment and bullying incidence data include data on the nature of each incident of harassment or bullying as specified in the bill. The bill requires a board to identify students in the system using only a student’s Iowa student state identification number.
   The bill requires the board of education to adopt by rule procedures for school districts and accredited nonpublic schools to carry out the collection and reporting of harassment and bullying incidence data. The rules shall require the inclusion of such data in the school district’s or school’s basic educational data survey. The rules shall also include procedures to ensure the accuracy of the data and timelines for school districts and accredited nonpublic schools to complete such collection and reporting after an incident of harassment or bullying occurs.
   The bill grants school officials the authority to investigate and impose school discipline or take other action in cases of alleged incidents of harassment or bullying that occur outside of school, off of school property, or away from school functions or school-sponsored activities if certain conditions are met. Those conditions are that an incident of harassment or bullying is reported pursuant to the school’s antiharassment and antibullying policy; and that the alleged incident of harassment or bullying has an effect on school grounds that creates an objectively hostile school environment that places the student in reasonable fear of harm to the student’s person or property, has a substantially detrimental effect on the student’s physical or mental health, has the effect of substantially interfering with a student’s academic performance, or has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
   The bill provides that a school official’s investigation and response to an alleged incident of bullying or harassment that occurs outside of school, off of school property, or away from a school function or school-sponsored activity may include referring the matter to appropriate community-based agencies.
   The bill requires the department of education to convene a public-private work group of representatives of state and local agencies, citizens, community groups, and organizations who have experience and expertise in the areas of antibullying education, research, and training. The work group, after reviewing existing research, data, and strategies, shall provide recommendations to the department regarding matters to enhance statewide school climate improvement and bullying prevention, awareness, and intervention. The bill provides for membership of the work group to be appointed by the director of the department. When making appointments to the work group, the director must ensure that public, nonpublic, urban, and rural schools are adequately represented by the membership of the work group. The work group shall also include ex officio legislative members. The department must convene the work group by October 1, 2020. The work group must submit its findings and recommendations in a final report to the department and the chairpersons and ranking members of the senate and house committees on education by December 13, 2021.