Senate File 2347 H-8279 Amend the amendment, H-8248, to Senate File 2347, 1 as amended, passed, and reprinted by the Senate, as 2 follows: 3 1. Page 1, after line 48 by inserting: 4 < ___. Page 37, after line 13 by inserting: 5 < DIVISION ___ 6 SAFE SCHOOLS PROVISIONS 7 Sec. ___. Section 256.2, Code 2014, is amended by 8 adding the following new subsection: 9 NEW SUBSECTION . 2A. “Harassment” and “bullying” 10 mean the same as defined in section 280.28. 11 Sec. ___. NEW SECTION . 256.100 Office of support 12 and analysis for safe schools. 13 1. Subject to an appropriation by the general 14 assembly for purposes of this section, the office of 15 support and analysis for safe schools is established 16 in the department to coordinate and implement the 17 state’s efforts to prevent and respond to harassment 18 and bullying. 19 2. The office shall coordinate efforts between 20 state agencies and promote research-based best 21 practices for programming and training to improve 22 school learning environments and school safety. The 23 office shall coordinate with appropriate stakeholders 24 in carrying out its duties. 25 3. The office shall: 26 a. Assist schools in the implementation of section 27 280.28, using research- and outcome-based best 28 practices. 29 b. Provide or recommend technical assistance and 30 training to school employees responsible for conducting 31 investigations of complaints of incidents of harassment 32 or bullying to ensure compliance with section 280.28. 33 c. Analyze harassment and bullying incidence data 34 reported by school districts and accredited nonpublic 35 schools pursuant to section 280.28, subsection 7, and 36 response data from the Iowa youth survey. The office 37 may use its analysis to provide technical assistance 38 to school districts or schools to improve school 39 learning environments and school safety and to achieve 40 compliance with section 280.28. 41 d. Coordinate with the department of public health 42 and other public and private agencies and organizations 43 in the administration of the your life Iowa initiative. 44 Contacts with the initiative relating to possible 45 harassment or bullying shall be shared with the office, 46 which shall assist the initiative in responding to such 47 contacts. The office shall maintain compliance with 48 applicable federal and state privacy laws to ensure 49 the confidentiality of information provided to the 50 -1- H8248.4052 (2) 85 kh/tm 1/ 5 #1.

initiative. 1 e. Collaborate with the department of public health 2 and other state agencies in the administration of the 3 Iowa youth survey to students in grades six, eight, and 4 eleven in Iowa’s public and nonpublic schools. Survey 5 data shall be evaluated and reported, with aggregate 6 data available online at the Iowa youth survey internet 7 site. 8 Sec. ___. Section 280.28, subsection 2, paragraph 9 a, Code 2014, is amended to read as follows: 10 a. “Electronic” means any communication involving 11 the transmission of information by wire, radio, 12 optical cable, electromagnetic, or other similar 13 means. “Electronic” includes but is not limited to 14 communication via electronic mail, internet-based 15 communications including social networking sites 16 and applications , pager service, cell phones, and 17 electronic text messaging , or any other electronic 18 communication site, device, or means . 19 Sec. ___. Section 280.28, subsection 3, Code 2014, 20 is amended by adding the following new paragraph: 21 NEW PARAGRAPH . h. A procedure for documenting the 22 actions taken by the school to investigate and respond 23 to harassment or bullying. 24 Sec. ___. Section 280.28, subsection 7, Code 2014, 25 is amended to read as follows: 26 7. Integration of policy and reporting. The board 27 of directors of a school district and the authorities 28 in charge of each nonpublic school shall integrate 29 its antiharassment and antibullying policy into 30 the comprehensive school improvement plan required 31 under section 256.7, subsection 21 , and shall report 32 data collected under subsection 6 , as specified by 33 the following to the department , to and the local 34 community . : 35 a. Data collected under subsection 6, as specified 36 by the department. 37 b. The process used for filing complaints, 38 including the location of online or other complaint 39 forms. 40 c. The number of school employees and volunteers 41 who have completed antiharassment and antibullying 42 training. 43 Sec. ___. Section 280.28, Code 2014, is amended by 44 adding the following new subsections: 45 NEW SUBSECTION . 9. Parental notification. 46 a. Each school district and accredited nonpublic 47 school shall establish notification procedures for 48 incidents of harassment or bullying in accordance 49 with this subsection. The procedures shall include 50 -2- H8248.4052 (2) 85 kh/tm 2/ 5

notification of the custodial parent or guardian of any 1 student directly involved in any incident of harassment 2 or bullying, upon investigation and determination that 3 harassment or bullying has occurred, consistent with a 4 notification plan made in consultation with the student 5 and school guidance staff. The notification shall 6 include information on the action that school officials 7 have taken regarding the incident and the actions 8 school officials will take to prevent further acts 9 of harassment or bullying. If such notification is 10 delayed, the school district or school shall document 11 the reasons for the delay. This paragraph does not 12 prohibit a school official from contacting a parent 13 or guardian about a report of harassment or bullying 14 prior to a determination that harassment or bullying 15 has occurred. 16 b. The requirements of this subsection shall 17 not apply if a school official reasonably believes 18 notification would subject a student to abuse, neglect, 19 or other physical or mental harm. 20 c. Notification pursuant to this subsection 21 shall comply with state and federal privacy laws, 22 regulations, and rules. 23 NEW SUBSECTION . 10. Authority off school 24 grounds. A school official may investigate and respond 25 appropriately to an alleged incident of harassment 26 or bullying that occurs outside of school, off of 27 school property, or away from a school function or 28 school-sponsored activity. If an alleged incident 29 of harassment or bullying has an effect on school 30 grounds that creates an objectively hostile school 31 environment that meets one or more of the conditions 32 set out under subsection 2, paragraph “b” , a school 33 official shall investigate and respond appropriately 34 to the alleged incident. The school official’s 35 investigation and response to an alleged incident of 36 harassment or bullying that occurs outside of school, 37 off of school property, or away from a school function 38 or school-sponsored activity may include referring the 39 matter to appropriate community-based agencies. 40 NEW SUBSECTION . 11. Rulemaking authority. The 41 department of education may adopt rules necessary to 42 administer this section in a uniform way across the 43 state. 44 Sec. ___. Section 282.18, subsection 11, Code 2014, 45 is amended to read as follows: 46 11. A pupil who participates in open enrollment 47 for purposes of attending a grade in grades nine 48 through twelve in a school district other than the 49 district of residence is ineligible to participate 50 -3- H8248.4052 (2) 85 kh/tm 3/ 5

in varsity interscholastic athletic contests and 1 athletic competitions during the pupil’s first ninety 2 school days of enrollment in the district except that 3 the pupil may participate immediately in a varsity 4 interscholastic sport if the pupil is entering grade 5 nine for the first time and did not participate in 6 an interscholastic athletic competition for another 7 school or school district during the summer immediately 8 following eighth grade, if the district of residence 9 and the other school district jointly participate 10 in the sport, if the sport in which the pupil wishes 11 to participate is not offered in the district of 12 residence, if the pupil chooses to use open enrollment 13 to attend school in another school district because 14 the district in which the student previously attended 15 school was dissolved and merged with one or more 16 contiguous school districts under section 256.11, 17 subsection 12 , if the pupil participates in open 18 enrollment because the pupil’s district of residence 19 has entered into a whole grade sharing agreement 20 with another district for the pupil’s grade, or if 21 the parent or guardian of the pupil participating 22 in open enrollment is an active member of the armed 23 forces and resides in permanent housing on government 24 property provided by a branch of the armed services , 25 or if the district of residence determines that the 26 pupil was previously subject to a founded incident of 27 harassment or bullying as defined in section 280.28 28 while attending school in the district of residence . 29 A pupil who has paid tuition and attended school, or 30 has attended school pursuant to a mutual agreement 31 between the two districts, in a district other than 32 the pupil’s district of residence for at least one 33 school year is also eligible to participate immediately 34 in interscholastic athletic contests and athletic 35 competitions under this section , but only as a member 36 of a team from the district that pupil had attended. 37 For purposes of this subsection , “school days of 38 enrollment” does not include enrollment in summer 39 school. For purposes of this subsection , “varsity” 40 means the same as defined in section 256.46 . 41 Sec. ___. EMERGENCY RULEMAKING. The department 42 of education may adopt emergency rules under section 43 17A.4, subsection 3, and section 17A.5, subsection 2, 44 paragraph “b”, to implement section 256.100, as enacted 45 in this division of this Act, and the rules shall 46 be effective immediately upon filing unless a later 47 date is specified in the rules. Any rules adopted in 48 accordance with the provisions of this section shall 49 also be published as a notice of intended action as 50 -4- H8248.4052 (2) 85 kh/tm 4/ 5