House File 2409 H-8080 Amend House File 2409 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 135.11, subsection 30, Code 4 2014, is amended by striking the subsection. 5 Sec. 2. Section 256.2, Code 2014, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION . 2A. “Harassment” and “bullying” 8 mean the same as defined in section 280.28. 9 Sec. 3. Section 256.7, Code 2014, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION . 33. Adopt rules incorporating the 12 training required by section 272.2, subsection 19, into 13 the standards for school district or attendance center 14 teacher professional development plans in accordance 15 with section 284.6 and school district or attendance 16 center administrator professional development plans in 17 accordance with section 284A.6. 18 Sec. 4. Section 256.9, Code 2014, is amended by 19 adding the following new subsection: 20 NEW SUBSECTION . 65. Submit to the general assembly 21 annually by January 1, a report on harassment and 22 bullying in schools in this state. The report shall 23 include harassment and bullying incidence data reported 24 by school districts and accredited nonpublic schools 25 pursuant to section 280.28, subsection 7, including the 26 number of founded and unfounded reports of harassment 27 or bullying per school district and accredited 28 nonpublic school; relevant response data from the 29 Iowa youth survey; outcome data for the school climate 30 improvement grant program established by section 31 256.101; and any recommendations relating to harassment 32 and bullying prevention in this state. The department 33 shall publish the report on the department’s internet 34 site. 35 Sec. 5. NEW SECTION . 256.100 Office of support and 36 analysis for safe schools. 37 1. The office of support and analysis for safe 38 schools is established in the department to coordinate 39 and implement the state’s efforts to prevent and 40 respond to harassment and bullying. 41 2. The office shall coordinate efforts between 42 state agencies and promote research-based best 43 practices for programming and training in the 44 prevention of and response to harassment and bullying. 45 The office may enter into chapter 28E agreements with 46 the board of educational examiners, department of human 47 rights, the civil rights commission, postsecondary 48 educational institutions, and other public agencies 49 for the joint employment of personnel to carry out its 50 -1- HF2409.3142 (3) 85 je/nh 1/ 7 #1.
duties. The office shall coordinate with appropriate 1 stakeholders in carrying out its duties. 2 3. The office shall: 3 a. Assist schools in the implementation of section 4 280.28, using research-based best practices. 5 b. Develop or recommend qualified training programs 6 for training required by section 272.2, subsection 19. 7 c. Coordinate with area education agencies to 8 ensure that training required by section 272.2, 9 subsection 19, and appropriate mental health services 10 are available to every school in this state. 11 d. Provide assistance to school employees 12 responsible for conducting investigations of complaints 13 of incidents of harassment or bullying to ensure 14 compliance with section 280.28. 15 e. Administer the school climate improvement grant 16 program established by section 256.101. 17 f. Compare and analyze harassment and bullying 18 incidence data reported by school districts and 19 accredited nonpublic schools pursuant to section 20 280.28, subsection 7, and response data from the Iowa 21 youth survey. The office may use its analysis to 22 provide technical assistance to school districts or 23 schools to improve school learning environments and 24 school safety and to achieve compliance with section 25 280.28. 26 g. Coordinate with the department of public health 27 and other public and private agencies and organizations 28 in the administration of the your life Iowa initiative. 29 Contacts with the initiative relating to possible 30 harassment or bullying shall be shared with the office, 31 which shall assist the initiative in responding to such 32 contacts. The office shall maintain compliance with 33 applicable federal and state privacy laws to ensure 34 the confidentiality of information provided to the 35 initiative. 36 h. Collaborate with the department of public health 37 and other state agencies in the administration of the 38 Iowa youth survey to students in grades six, eight, and 39 eleven in Iowa’s public and nonpublic schools. Survey 40 data shall be evaluated and reported, with aggregate 41 data available online at the Iowa youth survey internet 42 site. 43 Sec. 6. NEW SECTION . 256.101 School climate 44 improvement grant program. 45 1. A school climate improvement grant program is 46 established in the department to build upon previous 47 state efforts to promote school safety, including the 48 Iowa safe and supportive schools grant and program, 49 by providing funds to school districts and accredited 50 -2- HF2409.3142 (3) 85 je/nh 2/ 7
nonpublic schools to maintain, improve, and promote 1 safe and supportive learning environments in this 2 state. The program shall be administered by the office 3 of support and analysis for safe schools established 4 by section 256.100. 5 2. The office shall award funds from the program to 6 schools on a competitive grant basis. Awards shall be 7 consistent with the following goals of the program: 8 a. To implement section 280.28, using 9 research-based best practices. 10 b. To assist schools to promote a climate of 11 greater productivity, safety, and learning. 12 c. To assist schools in the professional 13 development of staff in research-based school safety 14 programs and classroom management programs. 15 d. To assist schools in enhancing and coordinating 16 antiviolence efforts between schools, professional, 17 parental, governmental, law enforcement, and community 18 organizations and associations. 19 3. Grants from the program may be used to fund 20 school programs or activities including but not limited 21 to the following: 22 a. Research-based staff training or other efforts 23 to implement section 280.28. 24 b. Assessment of compliance with section 280.28. 25 c. Technical assistance for improved classroom 26 management. 27 d. Research-based school safety programs that 28 address risk factors to reduce incidents of problem 29 behaviors among students including antiharassment and 30 antibullying programs. 31 e. Mental health demonstration projects. 32 f. Safety and security training and resources that 33 enhance the overall safety and security of staff and 34 students. 35 4. The office shall give priority in grant awards 36 to the following applicants: 37 a. Applicants that have a disproportionate need 38 as identified by results in the Iowa youth survey 39 indicating a heightened incidence of severe behavior 40 that negatively impacts the culture and climate 41 conditions necessary for student learning. 42 b. Applicants that demonstrate that they are 43 addressing needs or gaps identified from their results 44 in the Iowa youth survey. 45 c. Applicants that provide a commitment of 46 additional funds from public or private sources for the 47 programs or activities for which a grant is sought. 48 5. The office shall pursue additional funding from 49 public and private sources to support the program. 50 -3- HF2409.3142 (3) 85 je/nh 3/ 7
6. The department shall adopt rules to administer 1 the program, including but not limited to an 2 application process and grant award criteria. 3 Sec. 7. Section 272.1, Code 2014, is amended by 4 adding the following new subsection: 5 NEW SUBSECTION . 4A. “Harassment” and “bullying” 6 mean the same as defined in section 280.28. 7 Sec. 8. Section 272.2, Code 2014, is amended by 8 adding the following new subsection: 9 NEW SUBSECTION . 19. a. Adopt rules requiring all 10 teachers who have regular and substantial contact with 11 students to complete training approved by the office of 12 support and analysis for safe schools established by 13 section 256.100, on harassment and bullying prevention 14 and response as part of their professional development 15 and training plans. 16 b. Adopt rules requiring all individuals applying 17 for or renewing a license, certificate, authorization, 18 or statement of recognition issued by the board who are 19 responsible for conducting investigations of complaints 20 of incidents of harassment or bullying to complete 21 training approved by the office of support and analysis 22 for safe schools established by section 256.100, on 23 the provisions of section 280.28, conducting impartial 24 investigations with transparency, collecting evidence, 25 following up on previous investigations, and reporting 26 founded and unfounded incidents of harassment and 27 bullying to the department. 28 c. Adopt rules requiring all individuals applying 29 for or renewing an administrator license to complete 30 training approved by the office of support and analysis 31 for safe schools established by section 256.100, on 32 implementation of school-wide policies and procedures 33 for harassment and bullying identification, reporting, 34 response, and prevention. 35 Sec. 9. Section 280.28, subsection 2, paragraph a, 36 Code 2014, is amended to read as follows: 37 a. “Electronic” means any communication involving 38 the transmission of information by wire, radio, 39 optical cable, electromagnetic, or other similar 40 means. “Electronic” includes but is not limited to 41 communication via electronic mail, internet-based 42 communications including social networking sites 43 and applications , pager service, cell phones, and 44 electronic text messaging , or any other electronic 45 communication site, device, or means . 46 Sec. 10. Section 280.28, subsection 3, Code 2014, 47 is amended by adding the following new paragraph: 48 NEW PARAGRAPH . h. A procedure for documenting the 49 actions taken by the school to investigate and respond 50 -4- HF2409.3142 (3) 85 je/nh 4/ 7
to harassment or bullying. 1 Sec. 11. Section 280.28, subsection 7, Code 2014, 2 is amended to read as follows: 3 7. Integration of policy and reporting. The board 4 of directors of a school district and the authorities 5 in charge of each nonpublic school shall integrate 6 its antiharassment and antibullying policy into 7 the comprehensive school improvement plan required 8 under section 256.7, subsection 21 , and shall report 9 data collected under subsection 6 , as specified by 10 the following to the department , to and the local 11 community . : 12 a. Data collected under subsection 6, as specified 13 by the department. 14 b. The process used for filing complaints, 15 including the location of online or other complaint 16 forms. 17 c. The number of school employees and volunteers 18 who have completed antiharassment and antibullying 19 training. 20 Sec. 12. Section 280.28, Code 2014, is amended by 21 adding the following new subsections: 22 NEW SUBSECTION . 9. Parental notification. 23 a. Each school district and accredited nonpublic 24 school shall establish notification procedures for 25 incidents of harassment or bullying in accordance 26 with this subsection. The procedures shall include 27 notification of the custodial parent or guardian of any 28 student directly involved in any incident of harassment 29 or bullying, upon investigation and determination that 30 harassment or bullying has occurred, consistent with a 31 notification plan made in consultation with the student 32 and school guidance staff. The notification shall 33 include information on the action that school officials 34 have taken regarding the incident and the actions 35 school officials will take to prevent further acts 36 of harassment or bullying. If such notification is 37 delayed, the school district or school shall document 38 the reasons for the delay. This paragraph does not 39 prohibit a school official from contacting a parent 40 or guardian about a report of harassment or bullying 41 prior to a determination that harassment or bullying 42 has occurred. 43 b. The requirements of this subsection shall 44 not apply if a school official reasonably believes 45 notification would subject a student to abuse, neglect, 46 or other physical or mental harm. 47 c. Notification pursuant to this subsection 48 shall comply with state and federal privacy laws, 49 regulations, and rules. 50 -5- HF2409.3142 (3) 85 je/nh 5/ 7
NEW SUBSECTION . 10. Authority off school 1 grounds. A school official may investigate and respond 2 appropriately to an alleged incident of harassment 3 or bullying, including cyberbullying, that occurs 4 outside of school, off of school property, or away 5 from a school function or school-sponsored activity if 6 the alleged incident of harassment or bullying has an 7 effect on school grounds that creates an objectively 8 hostile school environment and that meets one or more 9 of the conditions set out under subsection 2, paragraph 10 “b” . 11 NEW SUBSECTION . 11. Rulemaking authority. The 12 department of education may adopt rules necessary to 13 administer this section in a uniform way across the 14 state. 15 Sec. 13. APPROPRIATIONS. There is appropriated 16 from the general fund of the state to the department of 17 education for the fiscal year beginning July 1, 2013, 18 and ending June 30, 2014, the following amounts, or 19 so much thereof as is necessary, to be used for the 20 purposes designated: 21 For the establishment and administration of the 22 office of support and analysis for safe schools, 23 for carrying out the duties of the office, including 24 salaries, support, maintenance, and for not more than 25 the following full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00 28 For the provision of grants from the school climate 29 improvement grant program established in section 30 256.101: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 32 From the moneys appropriated to the office of 33 support and analysis for safe schools, $150,000 shall 34 be used to provide or facilitate the provision of 35 training required by section 272.2, subsection 19, at 36 minimal cost to the trainee. 37 Notwithstanding section 8.33, moneys appropriated in 38 this section that remain unencumbered or unobligated 39 at the close of the fiscal year shall not revert but 40 shall remain available for expenditure for the purposes 41 designated until the close of the succeeding fiscal 42 year. 43 Sec. 14. EFFECTIVE UPON ENACTMENT. The following 44 provision or provisions of this Act, being deemed of 45 immediate importance, take effect upon enactment: 46 1. The section of this Act enacting section 47 256.100. 48 2. The section of this Act enacting section 49 256.101. 50 -6- HF2409.3142 (3) 85 je/nh 6/ 7
3. The section of this Act making appropriations to 1 the department of education. > 2 2. Title page, by striking lines 1 through 3 3 and inserting < An Act relating to state and 4 school antiharassment and antibullying policies, 5 establishing an office of support and analysis 6 for safe schools, establishing a school climate 7 improvement grant program, providing for training 8 on harassment and bullying prevention and response, 9 making appropriations, and including effective date 10 provisions. > 11 ______________________________ STECKMAN of Cerro Gordo -7- HF2409.3142 (3) 85 je/nh 7/ 7 #2.