Senate File 2318 H-8308 Amend the amendment, H-8307, to Senate File 2318, 1 as amended, passed, and reprinted by the Senate, as 2 follows: 3 1. By striking page 1, line 1, through page 3, line 4 2, and inserting: 5 < Amend Senate File 2318, as amended, passed, and 6 reprinted by the Senate, as follows: 7 ___. By striking everything after the enacting 8 clause and inserting: 9 < Section 1. 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. 2. Section 272.2, Code 2014, is amended by 19 adding the following new subsection: 20 NEW SUBSECTION . 19. a. Adopt rules requiring 21 all teachers who have regular and substantial contact 22 with students to complete training on harassment and 23 bullying prevention and response as part of their 24 professional development and training plans, to the 25 extent such training is made available by the state 26 of Iowa at no charge to trainees, schools, or school 27 districts. 28 b. Adopt rules requiring all individuals applying 29 for or renewing a license, certificate, authorization, 30 or statement of recognition issued by the board who 31 are responsible for conducting investigations of 32 complaints of incidents of harassment or bullying to 33 complete training on the provisions of section 280.28; 34 conducting impartial investigations with transparency; 35 collecting evidence; following up on previous 36 investigations; and reporting founded and unfounded 37 incidents of harassment and bullying to the department; 38 to the extent such training is made available by the 39 state of Iowa at no charge to trainees, schools, or 40 school districts. 41 c. Adopt rules requiring all individuals applying 42 for or renewing an administrator license to complete 43 training on implementation of school-wide policies and 44 procedures for harassment and bullying identification, 45 reporting, response, and prevention, to the extent such 46 training is made available by the state of Iowa at no 47 charge to trainees, schools, or school districts. 48 Sec. 3. Section 280.28, subsection 2, paragraph a, 49 Code 2014, is amended to read as follows: 50 -1- H8307.4126 (9) 85 je/rj 1/ 4 #1.
a. “Electronic” means any communication involving 1 the transmission of information by wire, radio, 2 optical cable, electromagnetic, or other similar 3 means. “Electronic” includes but is not limited to 4 communication via electronic mail, internet-based 5 communications including social networking sites 6 and applications , pager service, cell phones, and 7 electronic text messaging , or any other electronic 8 communication site, device, or means . 9 Sec. 4. Section 280.28, subsection 5, Code 2014, is 10 amended to read as follows: 11 5. Immunity. 12 a. A school employee, volunteer, or student, or a 13 student’s parent or guardian who promptly, reasonably, 14 and in good faith reports an incident of harassment 15 or bullying, in compliance with the procedures in 16 the policy adopted pursuant to this section , to the 17 appropriate school official designated by the school 18 district or accredited nonpublic school, shall be 19 immune from civil or criminal liability relating to 20 such report and to participation in any administrative 21 or judicial proceeding resulting from or relating to 22 the report. 23 b. A school district, school, or employee thereof 24 who reasonably and in good faith follows notification 25 procedures established as provided in subsection 26 9 shall be immune from civil or criminal liability 27 relating to such notification procedures and to 28 participation in any administrative or judicial 29 proceeding resulting from or relating to such 30 notification procedures. 31 Sec. 5. Section 280.28, Code 2014, is amended by 32 adding the following new subsection: 33 NEW SUBSECTION . 9. Parental notification. 34 a. Each school district and accredited nonpublic 35 school shall establish notification procedures for 36 incidents of harassment or bullying in accordance 37 with this subsection. The procedures shall include 38 notification of the custodial parent or guardian of any 39 student directly involved in any incident of harassment 40 or bullying, upon investigation and determination that 41 harassment or bullying has occurred, consistent with a 42 notification plan made in consultation with the student 43 and school guidance staff. The notification shall 44 include information on the action that school officials 45 have taken regarding the incident and the actions 46 school officials will take to prevent further acts 47 of harassment or bullying. If such notification is 48 delayed, the school district or school shall document 49 the reasons for the delay. This paragraph does not 50 -2- H8307.4126 (9) 85 je/rj 2/ 4
prohibit a school official from contacting a parent 1 or guardian about a report of harassment or bullying 2 prior to a determination that harassment or bullying 3 has occurred. 4 b. The requirements of this subsection shall 5 not apply if a school official reasonably believes 6 notification would subject a student to abuse, neglect, 7 or other physical or mental harm. 8 c. Notification pursuant to this subsection 9 shall comply with state and federal privacy laws, 10 regulations, and rules. 11 Sec. 6. Section 282.18, subsection 11, Code 2014, 12 is amended to read as follows: 13 11. A pupil who participates in open enrollment 14 for purposes of attending a grade in grades nine 15 through twelve in a school district other than the 16 district of residence is ineligible to participate 17 in varsity interscholastic athletic contests and 18 athletic competitions during the pupil’s first ninety 19 school days of enrollment in the district except that 20 the pupil may participate immediately in a varsity 21 interscholastic sport if the pupil is entering grade 22 nine for the first time and did not participate in 23 an interscholastic athletic competition for another 24 school or school district during the summer immediately 25 following eighth grade, if the district of residence 26 and the other school district jointly participate 27 in the sport, if the sport in which the pupil wishes 28 to participate is not offered in the district of 29 residence, if the pupil chooses to use open enrollment 30 to attend school in another school district because 31 the district in which the student previously attended 32 school was dissolved and merged with one or more 33 contiguous school districts under section 256.11, 34 subsection 12 , if the pupil participates in open 35 enrollment because the pupil’s district of residence 36 has entered into a whole grade sharing agreement 37 with another district for the pupil’s grade, or if 38 the parent or guardian of the pupil participating 39 in open enrollment is an active member of the armed 40 forces and resides in permanent housing on government 41 property provided by a branch of the armed services , 42 or if the district of residence determines that the 43 pupil was previously subject to a founded incident of 44 harassment or bullying as defined in section 280.28 45 while attending school in the district of residence . 46 A pupil who has paid tuition and attended school, or 47 has attended school pursuant to a mutual agreement 48 between the two districts, in a district other than 49 the pupil’s district of residence for at least one 50 -3- H8307.4126 (9) 85 je/rj 3/ 4
school year is also eligible to participate immediately 1 in interscholastic athletic contests and athletic 2 competitions under this section , but only as a member 3 of a team from the district that pupil had attended. 4 For purposes of this subsection , “school days of 5 enrollment” does not include enrollment in summer 6 school. For purposes of this subsection , “varsity” 7 means the same as defined in section 256.46 . > 8 ___. Title page, by striking lines 2 through 6 and 9 inserting < antibullying policies and providing for 10 training on harassment and bullying prevention and 11 response. >> 12 2. By renumbering as necessary. 13 ______________________________ STANERSON of Linn ______________________________ OURTH of Warren -4- H8307.4126 (9) 85 je/rj 4/ 4 #2.