Senate File 61 - Introduced SENATE FILE BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 1048) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the establishment of state and school 2 antiharassment and 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 1219SV 82 7 kh/cf/24 PAG LIN 1 1 Section 1. Section 280.12, subsection 2, Code 2007, 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 which is based 1 23 on any actual or perceived trait or characteristic of the 1 24 student and which creates an objectively hostile school 1 25 environment that meets one or more of the following 1 26 conditions: 1 27 (1) Places the student in reasonable fear of harm to the 1 28 student's person or property. 1 29 (2) Has a substantially detrimental effect on the 1 30 student's physical or mental health. 1 31 (3) Has the effect of substantially interfering with a 1 32 student's academic performance. 1 33 (4) Has the effect of substantially interfering with the 1 34 student's ability to participate in or benefit from the 1 35 services, activities, or privileges provided by a school. 2 1 b. "Trait or characteristic of the student" includes but 2 2 is not limited to age, color, creed, national origin, race, 2 3 religion, marital status, sex, sexual orientation, gender 2 4 identity, physical attributes, physical or mental ability or 2 5 disability, ancestry, political party preference, political 2 6 belief, socioeconomic status, or familial status. 2 7 c. "Volunteer" means an individual who has regular, 2 8 significant contact with students. 2 9 3. POLICY. On or before September 1, 2007, the board of 2 10 directors of a school district and the authorities in charge 2 11 of each accredited nonpublic school shall adopt a policy 2 12 declaring harassment and bullying in schools, on school 2 13 property, and at any school function, or school=sponsored 2 14 activity regardless of its location, in a manner consistent 2 15 with this section, as against state and school policy. The 2 16 board and the authorities shall make a copy of the policy 2 17 available to all school employees, volunteers, students, and 2 18 parents or guardians and shall take all appropriate steps to 2 19 bring the policy against harassment and bullying and the 2 20 responsibilities set forth in the policy to the attention of 2 21 school employees, volunteers, students, and parents or 2 22 guardians. Each policy shall, at a minimum, include all of 2 23 the following components: 2 24 a. A statement declaring harassment and bullying to be 2 25 against state and school policy. The statement shall include 2 26 but not be limited to the following provisions: 2 27 (1) School employees, volunteers, and students in school, 2 28 on school property, or at any school function or school= 2 29 sponsored activity shall not engage in harassing and bullying 2 30 behavior. 2 31 (2) School employees, volunteers, and students shall not 2 32 engage in reprisal, retaliation, or false accusation against a 2 33 victim, witness, or an individual who has reliable information 2 34 about such an act of harassment or bullying. 2 35 b. A definition of harassment and bullying as set forth in 3 1 this section. 3 2 c. A description of the type of behavior expected from 3 3 school employees, volunteers, parents or guardians, and 3 4 students relative to prevention measures, reporting, and 3 5 investigation of harassment or bullying. 3 6 d. The consequences and appropriate remedial action for a 3 7 person who violates the antiharassment and antibullying 3 8 policy. 3 9 e. A procedure for reporting an act of harassment or 3 10 bullying, including the identification by job title of the 3 11 school official responsible for ensuring that the policy is 3 12 implemented, and the identification of the person or persons 3 13 responsible for receiving reports of harassment or bullying. 3 14 f. A procedure for the prompt investigation of complaints, 3 15 either identifying the school superintendent or the 3 16 superintendent's designee as the individual responsible for 3 17 conducting the investigation, including a statement that 3 18 investigators will consider the totality of circumstances 3 19 presented in determining whether conduct objectively 3 20 constitutes harassment or bullying under this section. 3 21 g. A statement of the manner in which the policy will be 3 22 publicized. 3 23 4. PROGRAMS ENCOURAGED. The board of directors of a 3 24 school district and the authorities in charge of each 3 25 accredited nonpublic school are encouraged to establish 3 26 programs designed to eliminate harassment and bullying in 3 27 schools. To the extent that funds are available for these 3 28 purposes, school districts and accredited nonpublic schools 3 29 shall do the following: 3 30 a. Provide training on antiharassment and antibullying 3 31 policies to school employees and volunteers who have 3 32 significant contact with students. 3 33 b. Develop a process to provide school employees, 3 34 volunteers, and students with the skills and knowledge to help 3 35 reduce incidents of harassment and bullying. 4 1 5. IMMUNITY. A school employee, volunteer, or student, or 4 2 a student's parent or guardian who promptly, reasonably, and 4 3 in good faith reports an incident of harassment or bullying, 4 4 in compliance with the procedures in the policy adopted 4 5 pursuant to this section, to the appropriate school official 4 6 designated by the school district or accredited nonpublic 4 7 school, shall be immune from civil or criminal liability 4 8 relating to such report and to participation in any 4 9 administrative or judicial proceeding resulting from or 4 10 relating to the report. 4 11 6. COLLECTION REQUIREMENT. The board of directors of a 4 12 school district and the authorities in charge of each 4 13 nonpublic school shall develop and maintain a system to 4 14 collect harassment and bullying incidence data. 4 15 7. INTEGRATION OF POLICY AND REPORTING. The board of 4 16 directors of a school district and the authorities in charge 4 17 of each nonpublic school shall integrate its antiharassment 4 18 and antibullying policy into the comprehensive school 4 19 improvement plan required under section 256.7, subsection 21, 4 20 and shall report data collected under subsection 6, as 4 21 specified by the department, to the local community. 4 22 8. EXISTING REMEDIES NOT AFFECTED. This section shall not 4 23 be construed to preclude a victim from seeking administrative 4 24 or legal remedies under any applicable provision of law. 4 25 EXPLANATION 4 26 This bill relates to harassment and bullying of elementary 4 27 and secondary school students and establishes a state policy 4 28 that school employees, volunteers, and students in Iowa 4 29 schools shall not engage in harassing or bullying behavior. 4 30 The bill adds to the list of school improvement advisory 4 31 committee recommendation areas, that school districts and 4 32 schools must consider the committees' recommendations 4 33 regarding harassment or bullying prevention goals, programs, 4 34 training, and other initiatives. 4 35 The bill defines "harassment" and "bullying" to mean any 5 1 conduct toward a student that is based on any actual or 5 2 perceived trait or characteristic, which is also defined in 5 3 the bill; that creates an objectively hostile education 5 4 environment; and that meets one or more of the conditions 5 5 specified in the bill. 5 6 The bill requires school boards and accredited nonpublic 5 7 schools to have a policy in place by September 1, 2007, that 5 8 states that school employees, volunteers, and students shall 5 9 not engage in harassing or bullying behavior. The policy must 5 10 be distributed to all concerned, define harassment and 5 11 bullying, describe the behavior expected from all concerned, 5 12 describe the consequences and appropriate remedial action for 5 13 violation of the policy, include a procedure for reporting 5 14 incidents, identify persons responsible for receiving reports, 5 15 include a procedure for the prompt investigation of 5 16 complaints, and list a range of sanctions and remedial actions 5 17 that can be taken with regard to confirmed incidents. The 5 18 policy also must prohibit reprisal, retaliation, or false 5 19 accusation against a victim, witness, or an individual who has 5 20 reliable information about an act of harassment or bullying. 5 21 The bill encourages school boards and schools to establish 5 22 programs designed to eliminate harassment and bullying in 5 23 schools, to provide training on antiharassment and 5 24 antibullying policies, and to develop a process to help reduce 5 25 incidents of harassment and bullying. 5 26 The bill provides immunity from civil or criminal liability 5 27 to school employees, volunteers, and students and their 5 28 parents or guardians who report an incident of harassment or 5 29 bullying promptly, reasonably, and in good faith. Existing 5 30 administrative or legal remedies available to a victim are 5 31 unaffected by the provisions of the bill. The bill requires 5 32 schools to integrate their policies into their comprehensive 5 33 school improvement plans, which are submitted to the 5 34 department, and requires that data collected for the plan be 5 35 reported to the local community. 6 1 LSB 1219SV 82 6 2 kh:rj/cf/24