House File 367 - Introduced HOUSE FILE BY WENDT and OLDSON Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the establishment of state and school 2 antiharassment or antibullying policies, providing data 3 collection and reporting requirements, and providing for 4 immunity and other related matters. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1615HH 81 7 kh/cf/24 PAG LIN 1 1 Section 1. Section 280.12, subsection 2, Code 2005, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. f. Harassment or bullying prevention 1 4 goals, programs, training, and other initiatives. 1 5 Sec. 2. NEW SECTION. 280.28 HARASSMENT AND BULLYING 1 6 PROHIBITED == POLICY == IMMUNITY. 1 7 1. PURPOSE == FINDINGS == POLICY. The state of Iowa is 1 8 committed to providing all students with a safe and civil 1 9 school environment in which all members of the school 1 10 community are treated with dignity and respect. The general 1 11 assembly finds that a safe and civil school environment is 1 12 necessary for students to learn and achieve at high academic 1 13 levels. Harassing and bullying behavior can seriously disrupt 1 14 the ability of school employees to maintain a safe and civil 1 15 environment, and the ability of students to learn and succeed. 1 16 Therefore, it is the policy of the state of Iowa that school 1 17 employees, volunteers, and students in Iowa schools shall not 1 18 engage in harassing or bullying behavior. 1 19 2. DEFINITIONS. For purposes of this section, unless the 1 20 context otherwise requires: 1 21 a. "Harassment" and "bullying" shall be construed to mean 1 22 the same and mean any conduct toward a student that is based 1 23 on any actual or perceived trait or characteristic of the 1 24 student and that creates an objectively hostile school 1 25 environment which meets any of the following conditions: 1 26 (1) Places the student in reasonable fear of harm to the 1 27 student's person or property. 1 28 (2) Has a substantially detrimental effect on the 1 29 student's physical or mental health. 1 30 (3) Has the effect of substantially interfering with a 1 31 student's academic performance. 1 32 (4) Has the effect of substantially interfering with the 1 33 student's ability to participate in or benefit from the 1 34 services, activities, or privileges provided by a school. 1 35 b. "Trait or characteristic of the student" includes, but 2 1 is not limited to, age, color, creed, national origin, race, 2 2 religion, marital status, sex, sexual orientation, gender 2 3 identity, physical attributes, physical or mental ability or 2 4 disability, ancestry, political party preference, 2 5 socioeconomic status, or familial status. 2 6 3. POLICY. On or before January 1, 2006, the board of 2 7 directors of a school district and the authorities in charge 2 8 of each accredited nonpublic school shall adopt a policy 2 9 declaring harassment and bullying in schools, on school 2 10 property, and at any school function, or school=sponsored 2 11 activity regardless of its location, in a manner consistent 2 12 with this section, as against state and school policy. The 2 13 board and the authorities shall make a copy of the policy 2 14 available to all school employees, volunteers, students, and 2 15 parents and shall take all appropriate steps to bring the 2 16 policy against harassment and bullying, and the 2 17 responsibilities set forth in the policy to the attention of 2 18 school employees, volunteers, students, and parents. Each 2 19 policy shall, at a minimum, include all of the following 2 20 components: 2 21 a. A statement declaring harassment and bullying to be 2 22 against state and school policy. The statement shall include, 2 23 but not be limited to, the following provisions: 2 24 (1) School employees, volunteers, and students in school, 2 25 on school property, or at any school function or school= 2 26 sponsored activity shall not engage in harassing and bullying 2 27 behavior. 2 28 (2) School employees, volunteers, and students shall not 2 29 engage in reprisal, retaliation, or false accusation against a 2 30 victim, witness, or an individual who has reliable information 2 31 about such an act of harassment or bullying. 2 32 b. A definition of harassment and bullying that is no less 2 33 inclusive than the definition set forth in this section. 2 34 c. A description of the type of behavior expected from 2 35 school employees, volunteers, and students relative to 3 1 prevention measures, reporting, and investigation of 3 2 harassment or bullying. 3 3 d. The consequences and appropriate remedial action for a 3 4 person who violates the harassment and bullying policy. 3 5 e. A procedure for reporting an act of harassment or 3 6 bullying, including the identification by job title of the 3 7 school official responsible for ensuring that the policy is 3 8 implemented, and the identification of the person or persons 3 9 to whom reports of harassment or bullying shall be submitted. 3 10 f. A procedure for the prompt investigation of complaints, 3 11 either identifying the school principal, or the principal's 3 12 designee as the individual responsible for conducting the 3 13 investigation, including a statement that investigators will 3 14 consider the totality of circumstances presented in 3 15 determining whether conduct objectively constitutes harassment 3 16 or bullying under this section. 3 17 g. A statement of the manner in which the policy will be 3 18 publicized. 3 19 4. PROGRAMS ENCOURAGED. The board of directors of a 3 20 school district and the authorities in charge of each 3 21 accredited nonpublic school are encouraged to establish 3 22 programs designed to eliminate harassment and bullying in 3 23 schools. To the extent that funds are available for these 3 24 purposes, school districts and accredited nonpublic schools 3 25 shall do the following: 3 26 a. Provide training on harassment and bullying policies to 3 27 school employees and volunteers who have significant contact 3 28 with students. 3 29 b. Develop a process to provide school employees, 3 30 volunteers, and students with the skills and knowledge to help 3 31 reduce incidents of harassment and bullying. 3 32 5. IMMUNITY. A school employee, volunteer, or student, or 3 33 a student's parent or guardian, who promptly, reasonably, and 3 34 in good faith reports an incident of harassment or bullying, 3 35 in compliance with the procedures in the policy adopted 4 1 pursuant to this section, to the appropriate school official 4 2 designated by the school district or accredited nonpublic 4 3 school, shall be immune from civil or criminal liability 4 4 relating to such report, as well as for participating in any 4 5 administrative or judicial proceeding resulting from or 4 6 relating to the report. 4 7 6. COLLECTION REQUIREMENT. The board of directors of a 4 8 school district and the authorities in charge of each 4 9 nonpublic school shall develop and maintain a system to 4 10 collect harassment and bullying incidence data. 4 11 7. INTEGRATION OF POLICY AND REPORTING. The board of 4 12 directors of a school district and the authorities in charge 4 13 of each nonpublic school shall integrate its antiharassment 4 14 and antibullying policy into the comprehensive school 4 15 improvement plan required under section 256.7, subsection 21, 4 16 and shall report data collected under subsection 6, as 4 17 specified by the department to the local community. 4 18 8. EXISTING REMEDIES NOT AFFECTED. This section shall not 4 19 be construed to preclude a victim from seeking administrative 4 20 or legal remedies under any applicable provision of law. 4 21 Sec. 3. STATE MANDATE FUNDING SPECIFIED. In accordance 4 22 with section 25B.2, subsection 3, the state cost of requiring 4 23 compliance with any state mandate included in this Act shall 4 24 be paid by a school district from state school foundation aid 4 25 received by the school district under section 257.16. This 4 26 specification of the payment of the state cost shall be deemed 4 27 to meet all the state funding=related requirements of section 4 28 25B.2, subsection 3, and no additional state funding shall be 4 29 necessary for the full implementation of this Act by and 4 30 enforcement of this Act against all affected school districts. 4 31 EXPLANATION 4 32 This bill relates to harassment and bullying of elementary 4 33 and secondary school students and establishes a state policy 4 34 that school employees, volunteers, and students in Iowa 4 35 schools shall not engage in harassing or bullying behavior. 5 1 The bill adds to the list of school improvement advisory 5 2 committee recommendation areas, that school districts and 5 3 schools must consider the committees' recommendations 5 4 regarding harassment or bullying prevention goals, programs, 5 5 training, and other initiatives. 5 6 The bill defines "harassment" and "bullying" to mean any 5 7 conduct toward a student that is based on any actual or 5 8 perceived trait or characteristic, which is also defined in 5 9 the bill; creates an objectively hostile education 5 10 environment; and meets any of the conditions specified in the 5 11 bill. 5 12 The bill requires school boards and accredited nonpublic 5 13 schools to have a policy in place by January 1, 2006, that 5 14 states that school employees, volunteers, and students shall 5 15 not engage in harassing or bullying behavior. The policy must 5 16 be distributed to all concerned, define harassment and 5 17 bullying, describe the behavior expected from all concerned, 5 18 describe the consequences and appropriate remedial action for 5 19 violation of the policy, include a procedure for reporting 5 20 incidents, identify to whom reports shall be made, include a 5 21 procedure for the prompt investigation of complaints, and list 5 22 a range of sanctions and remedial actions that can be taken 5 23 with regard to confirmed incidents. The policy also must 5 24 prohibit reprisal, retaliation, or false accusation against a 5 25 victim, witness, or an individual who has reliable information 5 26 about an act of harassment or bullying. 5 27 The bill encourages school boards and schools to establish 5 28 programs designed to eliminate harassment and bullying in 5 29 schools, to provide training on harassment and bullying 5 30 policies, and to develop a process to help reduce incidents of 5 31 harassment and bullying. 5 32 The bill provides immunity from civil or criminal liability 5 33 to school employees, volunteers, and students and their 5 34 parents who report an incident of harassment or bullying 5 35 promptly, reasonably, and in good faith. Existing 6 1 administrative or legal remedies available to a victim are 6 2 unaffected by the provisions of the bill. The bill requires 6 3 schools to integrate their policies into their comprehensive 6 4 school improvement plans, which are submitted to the 6 5 department, and requires that data collected for the plan be 6 6 reported to the local community. 6 7 The bill may include a state mandate as defined in Code 6 8 section 25B.3. The bill requires that the state cost of any 6 9 state mandate included in the bill be paid by a school 6 10 district from state school foundation aid received by the 6 11 school district under Code section 257.16. The specification 6 12 is deemed to constitute state compliance with any state 6 13 mandate funding=related requirements of Code section 25B.2. 6 14 The inclusion of this specification is intended to reinstate 6 15 the requirement of political subdivisions to comply with any 6 16 state mandates included in the bill. 6 17 LSB 1615HH 81 6 18 kh:rj/cf/24.2