Senate File 2318 S-5074 Amend Senate File 2318 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. SHORT TITLE. This Act shall be known 4 and may be cited as the “Bully Free Iowa Act of 2014”. 5 Sec. 2. Section 256.7, Code 2014, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION . 33. Adopt rules providing for 8 annual notification by the department to all school 9 districts and accredited nonpublic schools regarding 10 the availability of training meeting the requirements 11 of section 272.2, subsection 19. After receipt of such 12 notification, a school district or accredited nonpublic 13 school shall notify all employees holding a license, 14 certificate, authorization, or statement of recognition 15 issued by the board of educational examiners regarding 16 the availability of such training. 17 Sec. 3. Section 256.7, Code 2014, is amended by 18 adding the following new subsection: 19 NEW SUBSECTION . 34. Adopt rules incorporating the 20 training required by section 272.2, subsection 19, 21 into the standards for individual teacher professional 22 development plans in accordance with section 284.6 and 23 individual administrator professional development plans 24 in accordance with section 284A.6. 25 Sec. 4. NEW SECTION . 256.100 Harassment and 26 bullying prevention and response. 27 1. The department shall coordinate and implement 28 the state’s efforts to prevent and respond to 29 harassment and bullying as defined in section 280.28. 30 The department may enter into chapter 28E agreements 31 with the board of educational examiners, the department 32 of human rights, the civil rights commission, and 33 postsecondary educational institutions for the joint 34 employment of personnel to carry out its duties. 35 2. The department shall: 36 a. Assist schools in this state in implementation 37 of section 280.28, using research-based and 38 outcome-based best practices. 39 b. Develop or recommend qualified training programs 40 for training required by section 272.2, subsection 19. 41 c. Provide assistance to school employees 42 responsible for conducting investigations of complaints 43 of incidents of harassment or bullying to ensure 44 compliance with section 280.28. 45 d. Have access to, compare, and analyze harassment 46 and bullying incidence data reported by school 47 districts and accredited nonpublic schools pursuant to 48 section 280.28, subsection 7, and response data from 49 the Iowa youth survey conducted by the department of 50 -1- SF2318.3354 (2) 85 je/rj 1/ 6 #1.

public health. The department may use its analysis to 1 provide technical assistance to districts and schools 2 regarding their data outcomes. 3 Sec. 5. Section 272.2, Code 2014, is amended by 4 adding the following new subsection: 5 NEW SUBSECTION . 19. a. Adopt rules requiring 6 all individuals applying for or renewing a license, 7 certificate, authorization, or statement of recognition 8 issued by the board to complete training approved by 9 the department on harassment and bullying prevention 10 and response. 11 b. Adopt rules requiring all individuals applying 12 for or renewing an administrator license to complete 13 training approved by the department on implementation 14 of school-wide policies and procedures for harassment 15 and bullying identification, reporting, response, and 16 prevention and for the training of individuals who are 17 responsible for conducting investigations of complaints 18 of incidents of harassment or bullying. 19 c. Adopt rules providing for waiver or suspension 20 of the training requirements of this subsection if 21 the waiver or suspension is in the public interest, 22 applicable to an individual who is engaged in active 23 duty in the military service of this state or of the 24 United States, to an individual for whom compliance 25 with the training requirements would impose a 26 significant hardship, or to an individual who is 27 practicing in an education profession outside this 28 state. 29 Sec. 6. Section 280.28, subsection 2, paragraphs a 30 and b, Code 2014, are amended to read as follows: 31 a. “Electronic” means any communication involving 32 the transmission of information by wire, radio, 33 optical cable, electromagnetic, or other similar 34 means. “Electronic” includes but is not limited to 35 communication via electronic mail, internet-based 36 communications including social networking sites , pager 37 service, cell phones, and electronic text messaging , 38 or any other electronic communication site, device, or 39 means . 40 b. “Harassment” and “bullying” shall be construed 41 to mean any electronic, written, verbal, or physical 42 act or conduct toward a student which is based on 43 any actual or perceived trait or characteristic of 44 the student or any other reason and which creates an 45 objectively hostile school environment that meets one 46 or more of the following conditions: 47 (1) Places the student in reasonable fear of harm 48 to the student’s person or property. 49 (2) Has a substantially detrimental effect on the 50 -2- SF2318.3354 (2) 85 je/rj 2/ 6

student’s physical or mental health. 1 (3) Has the effect of substantially interfering 2 with a student’s academic performance. 3 (4) Has the effect of substantially interfering 4 with the student’s ability to participate in or benefit 5 from the services, activities, or privileges provided 6 by a school. 7 Sec. 7. Section 280.28, subsection 3, Code 2014, is 8 amended by adding the following new paragraphs: 9 NEW PARAGRAPH . h. A procedure for the immediate 10 notification of the parents or guardians of all 11 students directly involved in a reported incident of 12 harassment or bullying. The procedure may include an 13 exception to the notification requirement if a school 14 official reasonably believes notification would subject 15 a student to abuse or neglect. 16 NEW PARAGRAPH . i. A procedure for documenting the 17 actions taken by the school to investigate and respond 18 to harassment or bullying. 19 Sec. 8. Section 280.28, subsections 5 and 7, Code 20 2014, are amended to read as follows: 21 5. Immunity. a. A school employee, volunteer, 22 or student, or a student’s parent or guardian who 23 promptly, reasonably, and in good faith reports an 24 incident of harassment or bullying, in compliance with 25 the procedures in the policy adopted pursuant to this 26 section , to the appropriate school official designated 27 by the school district or accredited nonpublic school, 28 shall be immune from civil or criminal liability 29 relating to such report and to participation in any 30 administrative or judicial proceeding resulting from 31 or relating to the report. 32 b. A school employee who determines not to 33 investigate or take further action regarding a report 34 of an alleged incident of harassment or bullying that 35 occurred outside of school, off of school property, 36 or away from a school function or school-sponsored 37 activity shall be immune from civil or criminal 38 liability relating to such determination. The employer 39 of such a school employee shall be immune from civil or 40 criminal liability relating to such determination. 41 7. Integration of policy and reporting . The board 42 of directors of a school district and the authorities 43 in charge of each nonpublic school shall integrate 44 its antiharassment and antibullying policy into the 45 comprehensive school improvement plan required under 46 section 256.7, subsection 21 , and shall report data 47 collected under subsection 6 , as specified by the 48 department, to the local community . 49 Sec. 9. Section 280.28, Code 2014, is amended by 50 -3- SF2318.3354 (2) 85 je/rj 3/ 6

adding the following new subsections: 1 NEW SUBSECTION . 7A. Annual report on internet site. 2 a. The board of directors of a school district 3 and the authorities in charge of each nonpublic 4 school shall annually post on the school district’s or 5 school’s internet site a report on the following for 6 the previous school year by December 15: 7 (1) Data collected under subsection 6. 8 (2) The process used for filing complaints, 9 including the location of online or other complaint 10 forms. 11 (3) Antiharassment and antibullying training 12 completed by school employees, volunteers, and 13 students. 14 b. The department shall specify a format for the 15 report, which shall include aggregate data on the types 16 of harassment or bullying, as defined by the department 17 in accordance with this section, that occurred, the 18 incidence of harassment or bullying of each type, and 19 trend data for the previous five years indicating 20 whether the incidence of each type has increased or 21 decreased. The board and the authorities shall approve 22 the report for publication by December 1. The board 23 and the authorities shall make copies of the report 24 available to the public upon request. 25 c. The department shall annually provide the most 26 recent annual report by the department on statewide 27 bullying and harassment data to the board and the 28 authorities in a format which can be posted on the 29 school district’s or school’s internet site, which 30 shall then be posted by the board and authorities. 31 NEW SUBSECTION . 9. Authority off school grounds. A 32 school official may investigate and impose school 33 discipline or take other action in the case of an 34 alleged incident of harassment or bullying, including 35 cyberbullying, that occurs outside of school, off of 36 school property, or away from a school function or 37 school-sponsored activity if all of the following 38 apply: 39 a. A parent, guardian, student, school employee, 40 or volunteer reports an incident of harassment or 41 bullying pursuant to the school’s policy adopted under 42 subsection 3, paragraph “e” . 43 b. The alleged incident of harassment or bullying 44 has an effect on school grounds that creates an 45 objectively hostile school environment that meets one 46 or more of the conditions set out under subsection 2, 47 paragraph “b” . 48 NEW SUBSECTION . 10. Rulemaking authority. The 49 department of education may adopt rules necessary to 50 -4- SF2318.3354 (2) 85 je/rj 4/ 6

administer this section in a uniform way across the 1 state. 2 Sec. 10. Section 282.18, subsection 11, Code 2014, 3 is amended to read as follows: 4 11. A pupil who participates in open enrollment 5 for purposes of attending a grade in grades nine 6 through twelve in a school district other than the 7 district of residence is ineligible to participate 8 in varsity interscholastic athletic contests and 9 athletic competitions during the pupil’s first ninety 10 school days of enrollment in the district except that 11 the pupil may participate immediately in a varsity 12 interscholastic sport if the pupil is entering grade 13 nine for the first time and did not participate in 14 an interscholastic athletic competition for another 15 school or school district during the summer immediately 16 following eighth grade, if the district of residence 17 and the other school district jointly participate 18 in the sport, if the sport in which the pupil wishes 19 to participate is not offered in the district of 20 residence, if the pupil chooses to use open enrollment 21 to attend school in another school district because 22 the district in which the student previously attended 23 school was dissolved and merged with one or more 24 contiguous school districts under section 256.11, 25 subsection 12 , if the pupil participates in open 26 enrollment because the pupil’s district of residence 27 has entered into a whole grade sharing agreement 28 with another district for the pupil’s grade, or if 29 the parent or guardian of the pupil participating 30 in open enrollment is an active member of the armed 31 forces and resides in permanent housing on government 32 property provided by a branch of the armed services , 33 or if the district of residence determines that the 34 pupil was previously subject to a founded incident of 35 harassment or bullying as defined in section 280.28 36 while attending school in the district of residence . 37 A pupil who has paid tuition and attended school, or 38 has attended school pursuant to a mutual agreement 39 between the two districts, in a district other than 40 the pupil’s district of residence for at least one 41 school year is also eligible to participate immediately 42 in interscholastic athletic contests and athletic 43 competitions under this section , but only as a member 44 of a team from the district that pupil had attended. 45 For purposes of this subsection , “school days of 46 enrollment” does not include enrollment in summer 47 school. For purposes of this subsection , “varsity” 48 means the same as defined in section 256.46 . > 49 2. Title page, by striking lines 2 through 6 and 50 -5- SF2318.3354 (2) 85 je/rj 5/ 6