House File 382 - Introduced
HOUSE FILE
BY FOEGE
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring school districts to adopt and annually review
2 policies prohibiting bullying and harassment.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2102HH 81
5 kh/pj/5
PAG LIN
1 1 Section 1. NEW SECTION. 279.60 ANTIBULLYING AND
1 2 ANTIHARASSMENT POLICY.
1 3 1. The board of directors of each school district shall
1 4 adopt and implement a policy prohibiting bullying and
1 5 harassment of all students. The policy shall be developed,
1 6 and annually reviewed, with input from parents, guardians,
1 7 school employees, volunteers, students, school administrators,
1 8 and other members of the community. The policy shall, at a
1 9 minimum, include or provide for all of the following:
1 10 a. A definition of bullying and harassment which shall be
1 11 construed to mean any conduct toward a student that is based
1 12 on any real or perceived characteristic, including, but not
1 13 limited to, age, color, creed, national origin, race,
1 14 religion, marital status, sex, sexual orientation, gender
1 15 identity, physical attributes, physical or mental ability or
1 16 disability, ancestry, political party preference,
1 17 socioeconomic status, or familial status, and that creates an
1 18 objectively hostile school environment which meets any of the
1 19 following conditions:
1 20 (1) Places the student in reasonable fear of harm to the
1 21 student's person or property.
1 22 (2) Has a substantially detrimental effect on the
1 23 student's physical or mental health.
1 24 (3) Has the effect of substantially interfering with a
1 25 student's academic performance.
1 26 (4) Has the effect of substantially interfering with the
1 27 student's ability to participate in or benefit from the
1 28 services, activities, or privileges provided by a school.
1 29 b. Effective prevention strategies and professional
1 30 development for teachers and administrators.
1 31 c. Monitoring and evaluation of the policy's effectiveness
1 32 on an annual basis and inclusion in the comprehensive school
1 33 improvement plan filed with the department of education in
1 34 accordance with section 256.7, subsection 21.
1 35 d. Procedures for receiving and responding to complaints.
2 1 e. Consequences and appropriate remedial action for
2 2 violation of the policy, taking into account the pattern and
2 3 severity of particular bullying and harassing behavior.
2 4 f. Public notice of the policy.
2 5 g. Prohibition of reprisals or retaliation against any
2 6 person who cooperates or assists in the investigation of
2 7 bullying or harassing behavior.
2 8 2. Each school board shall develop procedures necessary to
2 9 implement and administer this section.
2 10 EXPLANATION
2 11 This bill requires school boards to adopt and annually
2 12 review a policy prohibiting bullying and harassment of all
2 13 students. The policy must be developed and annually reviewed
2 14 with the participation of parents, guardians, school
2 15 employees, volunteers, students, and other members of the
2 16 community. The policy must include or provide for a
2 17 definition of bullying and harassment which includes criteria
2 18 set forth in the bill, effective prevention strategies,
2 19 monitoring and evaluation of the policy's effectiveness,
2 20 procedures for receiving and responding to complaints,
2 21 consequences and remedial action, public notice of the policy,
2 22 and a prohibition of reprisals or retaliation against anyone
2 23 who cooperates or assists in the investigation of bullying or
2 24 harassing behavior. The bill may include a state mandate as
2 25 defined in Code section 25B.3.
2 26 LSB 2102HH 81
2 27 kh:nh/pj/5