House File 187 - Introduced HOUSE FILE 187 BY HUNTER , LENSING , WESSEL-KROESCHELL , ANDERSON , BEARINGER , T. TAYLOR , ABDUL-SAMAD , MASCHER , THOMAS , GAINES , M. SMITH , KELLEY , MURPHY , STUTSMAN , DAWSON , FORBES , WOOD , OLDSON , MUHLBAUER , HEDDENS , and GASKILL A BILL FOR An Act relating to the prevention of bullying in school 1 districts and accredited nonpublic schools and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1275YH (6) 85 kh/nh

H.F. 187 Section 1. Section 256.9, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 63. Develop and make available to 3 school districts and accredited nonpublic schools, training 4 information and materials which schools, school employees, 5 and parents may use to recognize and appropriately address 6 harassment and bullying, including cyberbullying, as defined 7 in section 280.28. In developing the training information 8 and materials, the director shall consult with entities 9 that include but are not limited to the departments of 10 human services, public health, and public safety, education 11 stakeholders, parent-teacher organizations, and other 12 interested stakeholders. School districts shall dedicate 13 at least one day of professional development to providing 14 such training to practitioners, and shall incorporate the 15 information and materials in the school district’s employee 16 training program, which shall be provided to full-time and 17 part-time school employees, to volunteers who have significant 18 contact with students, and to persons the school district 19 has contracted with to provide services to students. Such 20 information shall supplement and not supplant any bullying or 21 harassment information and materials already provided by a 22 school district, or any efforts by a school district’s school 23 improvement advisory committee, or any local community campaign 24 of awareness relating to bullying and harassment. Training 25 information and materials developed and made available by the 26 director pursuant to this subsection shall include or provide 27 for the following: 28 a. Developmentally appropriate and age-appropriate 29 strategies to prevent bullying and harassment among students in 30 school and outside the school setting. 31 b. Developmentally appropriate and age-appropriate 32 strategies for immediate and effective interventions to stop 33 bullying and harassment. 34 c. Information regarding the interaction and relationship 35 -1- LSB 1275YH (6) 85 kh/nh 1/ 15

H.F. 187 between students committing acts of bullying or harassment, 1 students against whom such acts are directed, and witnesses of 2 such acts. 3 d. Research findings on bullying and harassment, such as 4 information about the types of students who have been shown to 5 be at risk for bullying or harassment in the school setting. 6 e. Information on the frequency and nature of cyberbullying, 7 as defined in section 280.28. 8 f. Internet safety issues as they relate to cyberbullying 9 as defined in section 280.28. 10 Sec. 2. Section 256.16, subsection 1, Code 2013, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . d. Require, beginning July 1, 2014, students 13 to successfully complete training on how to prevent, recognize, 14 address, and stop bullying and harassment behaviors, and 15 provide students with information on the effects of bullying 16 and harassment. 17 Sec. 3. Section 257.9, subsection 7, Code 2013, is amended 18 to read as follows: 19 7. Professional development supplement state cost per pupil. 20 a. For the budget year beginning July 1, 2009, for the 21 professional development supplement state cost per pupil, the 22 department of management shall add together the professional 23 development allocation made to each district for the fiscal 24 year beginning July 1, 2008, pursuant to section 284.13, 25 subsection 1, paragraph “d” , Code 2009 , and divide that sum 26 by the statewide total budget enrollment for the fiscal year 27 beginning July 1, 2009. 28 b. The professional development supplement state cost 29 per pupil for the budget year beginning July 1, 2010, and 30 succeeding budget years beginning before July 1, 2013 , shall 31 be the amount calculated by the department of management under 32 this subsection for the base year plus an allowable growth 33 amount that is equal to the professional development supplement 34 categorical state percent of growth, pursuant to section 35 -2- LSB 1275YH (6) 85 kh/nh 2/ 15

H.F. 187 257.8, subsection 2 , for the budget year, multiplied by the 1 amount calculated by the department of management under this 2 subsection for the base year. 3 c. The professional development supplement state cost per 4 pupil for the budget year beginning July 1, 2013, shall be 5 the amount calculated by the department of management under 6 this subsection for the base year, plus twenty dollars, plus 7 an allowable growth amount that is equal to the professional 8 development supplement categorical state percent of growth, 9 pursuant to section 257.8, subsection 2, for the budget year, 10 multiplied by the amount calculated by the department of 11 management under this subsection for the base year. 12 d. The professional development supplement state cost 13 per pupil for the budget year beginning July 1, 2014, and 14 succeeding budget years, shall be the amount calculated by 15 the department of management under this subsection for the 16 base year plus an allowable growth amount that is equal to 17 the professional development supplement categorical state 18 percent of growth, pursuant to section 257.8, subsection 2, for 19 the budget year, multiplied by the amount calculated by the 20 department of management under this subsection for the base 21 year. 22 Sec. 4. Section 257.10, subsection 10, paragraph a, Code 23 2013, is amended to read as follows: 24 a. (1) For the budget year beginning July 1, 2009, 25 the department of management shall divide the professional 26 development allocation made to each district for the fiscal 27 year beginning July 1, 2008, pursuant to section 284.13, 28 subsection 1, paragraph “d” , Code 2009 , by the district’s 29 budget enrollment in the fiscal year beginning July 1, 2009, 30 to determine the professional development supplement cost per 31 pupil. 32 (2) For the budget year beginning July 1, 2010, and 33 succeeding budget years beginning before July 1, 2013 , the 34 professional development supplement district cost per pupil 35 -3- LSB 1275YH (6) 85 kh/nh 3/ 15

H.F. 187 for each school district for a budget year is the professional 1 development supplement district cost per pupil for the base 2 year plus the professional development supplement state 3 allowable growth amount for the budget year. 4 (3) (a) For the budget year beginning July 1, 2013, the 5 professional development supplement district cost per pupil 6 for each school district for a budget year is the professional 7 development supplement district cost per pupil for the base 8 year plus the professional development supplement state 9 allowable growth amount for the budget year, plus twenty 10 dollars. 11 (b) For purposes of determining the amount of a budget 12 adjustment pursuant to paragraph “b” of this subsection, 13 for a school district which calculated allowable growth for 14 the budget year beginning July 1, 2013, pursuant to this 15 subparagraph (3), the department of management shall subtract 16 twenty dollars from the school district’s professional 17 development supplement district cost per pupil for the budget 18 year beginning July 1, 2013, prior to determining the amount 19 of the adjustment. 20 (4) For the budget year beginning July 1, 2014, and 21 succeeding budget years, the professional development 22 supplement district cost per pupil for each school district 23 for a budget year is the professional development supplement 24 district cost per pupil for the base year plus the professional 25 development supplement state allowable growth amount for the 26 budget year. 27 Sec. 5. Section 280.12, subsection 2, paragraph f, Code 28 2013, is amended to read as follows: 29 f. Harassment or bullying prevention goals, programs, 30 training, and other initiatives. Each committee shall 31 develop by July 1, 2014, a plan for counseling the victims of 32 bullying and harassment and the victims’ families, and the 33 school district or school shall post the committee’s plan 34 on the school district or school internet site. The school 35 -4- LSB 1275YH (6) 85 kh/nh 4/ 15

H.F. 187 district and school shall include the plan in its comprehensive 1 school improvement plan submitted pursuant to section 256.7, 2 subsection 21. 3 Sec. 6. Section 280.28, subsections 1, 4, 5, 6, and 7, Code 4 2013, are amended to read as follows: 5 1. Purpose —— findings —— policy. The state of Iowa is 6 committed to providing all students with a safe and civil 7 school environment in which all members of the school community 8 are treated with dignity and respect. The general assembly 9 finds that a safe and civil school environment is necessary 10 for students to learn and achieve at high academic levels. 11 Harassing and bullying behavior can seriously disrupt the 12 ability of school employees to maintain a safe and civil 13 environment, and the ability of students to learn and succeed. 14 Cyberbullying is an especially insidious form of bullying that 15 occurs most often outside school, but nonetheless affects the 16 school process, impeding the ability of students to learn and 17 succeed. School districts and schools should be wary of a 18 bully’s ability to use technology to reach a broad audience, 19 frequently anonymously. Therefore, it is the policy of the 20 state of Iowa that school employees, volunteers, and students 21 in Iowa schools shall not engage in harassing or bullying 22 behavior. 23 4. Programs encouraged. The board of directors of a school 24 district and the authorities in charge of each accredited 25 nonpublic school are encouraged to establish programs designed 26 to eliminate harassment and bullying , including cyberbullying, 27 in schools. To the extent that funds are available for these 28 purposes, school districts and accredited nonpublic schools 29 shall do the following: 30 a. Provide training on antiharassment and antibullying 31 policies relating to the policy adopted pursuant to subsection 32 3 to school employees and volunteers who have significant 33 contact with students. 34 b. Develop a process to provide school employees, 35 -5- LSB 1275YH (6) 85 kh/nh 5/ 15

H.F. 187 volunteers, and students with the skills and knowledge to 1 help reduce incidents of harassment and bullying , including 2 cyberbullying . 3 5. Immunity. A school employee, volunteer, or student, or 4 a student’s parent or guardian who promptly, reasonably, and 5 in good faith reports an incident of harassment or bullying, 6 including but not limited to cyberbullying, in compliance with 7 the procedures in the policy adopted pursuant to this section , 8 to the appropriate school official designated by the school 9 district or accredited nonpublic school, shall be immune from 10 civil or criminal liability relating to such report and to 11 participation in any administrative or judicial proceeding 12 resulting from or relating to the report. 13 6. Collection requirement. The board of directors of 14 a school district and the authorities in charge of each 15 nonpublic school shall develop and maintain a system to collect 16 harassment and bullying incidence data on reported incidences 17 of harassment and bullying, including but not limited to 18 cyberbullying, brought to the attention of the school district 19 or school . 20 7. Integration of policy and reporting. The board of 21 directors of a school district and the authorities in charge 22 of each nonpublic school shall integrate its antiharassment 23 and antibullying the policy adopted pursuant to subsection 3 24 into the comprehensive school improvement plan required under 25 section 256.7, subsection 21 , and shall report data collected 26 under subsection 6 , as specified by the department, to the 27 local community. 28 Sec. 7. Section 280.28, subsection 2, Code 2013, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . 0a. “Cyberbullying” means harassment or 31 bullying which occurs through electronic means. 32 Sec. 8. Section 280.28, subsection 2, paragraph a, Code 33 2013, is amended to read as follows: 34 a. “Electronic” means any communication involving the 35 -6- LSB 1275YH (6) 85 kh/nh 6/ 15

H.F. 187 transmission of information by wire, radio, optical cable, 1 electromagnetic, or other similar means. “Electronic” includes 2 but is not limited to communication via electronic mail, 3 internet-based communications communication , pager service, 4 internet site, cell phones phone , and electronic text messaging 5 or other social media . 6 Sec. 9. Section 280.28, subsection 2, paragraph b, 7 unnumbered paragraph 1, Code 2013, is amended to read as 8 follows: 9 “Harassment” and “bullying” , which shall include 10 cyberbullying, shall be construed to mean any electronic, 11 written, verbal, or physical act , gesture, or conduct toward 12 a student which is based on any actual or perceived trait or 13 characteristic of the student and which creates an objectively 14 hostile school environment that meets one or more of the 15 following conditions: 16 Sec. 10. Section 280.28, subsection 3, Code 2013, is amended 17 to read as follows: 18 3. Policy. On or before September 1, 2007 2014 , the board 19 of directors of a school district and the authorities in charge 20 of each accredited nonpublic school shall adopt a policy 21 declaring harassment and bullying , including cyberbullying, 22 in schools, on school property, and at any school function, 23 or school-sponsored activity regardless of its location, 24 in a manner consistent with this section , as against state 25 and school policy. The policy shall specify procedures 26 for proper reporting and investigation of allegations of 27 harassment or bullying, including cyberbullying, based on the 28 conditions specified in subsection 2, paragraph “b” . The 29 board and the authorities shall make a copy of the policy 30 available to all school employees, volunteers, students, and 31 parents or guardians and shall take all appropriate steps to 32 bring the policy against harassment and bullying , including 33 cyberbullying, and the responsibilities set forth in the policy 34 to the attention of school employees, volunteers, students, and 35 -7- LSB 1275YH (6) 85 kh/nh 7/ 15

H.F. 187 parents or guardians. Each policy shall, at a minimum, include 1 all of the following components: 2 a. A statement declaring harassment and bullying , including 3 cyberbullying, to be against state and school policy. The 4 statement shall include but not be limited to the following 5 provisions: 6 (1) School employees, volunteers, and students in school, 7 on school grounds or property, or at any school function or 8 school-sponsored activity shall not engage in harassing and 9 bullying , including cyberbullying, behavior. 10 (2) School employees, volunteers, and students who are 11 not in school or on school grounds or property shall not 12 engage in harassing or bullying behavior that meets either 13 of the conditions specified in subsection 2, paragraph “b” , 14 subparagraph (1) or (2). 15 (2) (3) School employees, volunteers, and students shall 16 not engage in reprisal, retaliation, or false accusation 17 against a victim, witness, or an individual who has reliable 18 information about such an act of harassment or bullying , 19 including cyberbullying . 20 b. A definition of harassment and bullying , including 21 cyberbullying, as set forth in this section . 22 c. A description of the type of behavior expected from 23 school employees, volunteers, parents or guardians, and 24 students relative to prevention measures, reporting, and 25 investigation of an allegation of harassment or bullying , 26 including cyberbullying . 27 d. The consequences and appropriate remedial action for a 28 person who violates the antiharassment and antibullying policy. 29 e. A procedure for reporting an alleged act of harassment or 30 bullying, including cyberbullying; including the identification 31 by job title of the school official responsible for ensuring 32 that the policy is implemented , and the identification of the 33 person or persons responsible for receiving reports of alleging 34 harassment or bullying , including cyberbullying . 35 -8- LSB 1275YH (6) 85 kh/nh 8/ 15

H.F. 187 f. A procedure for the prompt investigation of complaints, 1 either identifying the school superintendent or the 2 superintendent’s designee as the individual responsible for 3 conducting the investigation, including a statement that 4 investigators will consider the totality of circumstances 5 presented in determining whether conduct objectively 6 constitutes harassment or bullying , including cyberbullying, 7 under this section . 8 g. A procedure for reporting to the school district 9 superintendent, the superintendent’s designee, or the 10 authorities in charge of the school, an alleged incident 11 of cyberbullying. If an electronic device provided by 12 the school was used in an alleged cyberbullying incident, 13 the superintendent, the superintendent’s designee, or 14 the authorities may require the student suspected of the 15 cyberbullying to return the device to the school and may report 16 the incident to local law enforcement. The superintendent, the 17 superintendent’s designee, or the authorities shall report the 18 incident to local law enforcement if school-provided electronic 19 devices were not used in the alleged incident. 20 h. A procedure for the prompt investigation by the school 21 district superintendent, the superintendent’s designee, or 22 the authorities in charge of the school, of an alleged act of 23 harassment or bullying, including cyberbullying. 24 i. A procedure for recommending that available community 25 mental health care options be provided to a student, if 26 deemed appropriate, based upon the results of an investigation 27 conducted pursuant to paragraph “h” . 28 g. j. A statement of the manner in which the policy will 29 be publicized. 30 Sec. 11. Section 282.18, subsection 5, Code 2013, is amended 31 to read as follows: 32 5. Open enrollment applications filed after March 1 33 of the preceding school year that do not qualify for good 34 cause as provided in subsection 4 shall be subject to the 35 -9- LSB 1275YH (6) 85 kh/nh 9/ 15

H.F. 187 approval of the board of the resident district and the board 1 of the receiving district. The parent or guardian shall send 2 notification to the district of residence and the receiving 3 district that the parent or guardian seeks to enroll the 4 parent’s or guardian’s child in the receiving district. A 5 decision of either board to deny an application filed under 6 this subsection involving repeated acts of harassment or 7 bullying, including cyberbullying, as defined in section 8 280.28, of the student or serious health condition of the 9 student that the resident district cannot adequately address , 10 is subject to appeal under section 290.1 . The state board 11 shall exercise broad discretion to achieve just and equitable 12 results that are in the best interest of the affected child or 13 children. 14 Sec. 12. Section 284.6, subsection 3, Code 2013, is amended 15 to read as follows: 16 3. A school district shall incorporate a district 17 professional development plan into the district’s comprehensive 18 school improvement plan submitted to the department in 19 accordance with section 256.7, subsection 21 . The district 20 professional development plan shall include a description of 21 the means by which the school district will provide access 22 to all teachers in the district to professional development 23 programs or offerings that meet the requirements of subsection 24 1 . The plan shall align all professional development with 25 the school district’s long-range student learning goals and 26 the Iowa teaching standards. The plan shall indicate the 27 school district’s approved professional development provider 28 or providers. The plan shall provide, for the fiscal year 29 beginning July 1, 2013, and each fiscal year thereafter, an 30 amount of time for professional development equivalent to the 31 amount of time the school district provided for professional 32 development for teachers for the 2012-2013 school year plus the 33 equivalent of at least one additional contract day. 34 Sec. 13. PRACTITIONER PREPARATION PROGRAM PLANS FOR 35 -10- LSB 1275YH (6) 85 kh/nh 10/ 15

H.F. 187 TRAINING RELATING TO BULLYING AND HARASSMENT. Each 1 practitioner preparation program approved pursuant to section 2 256.7, subsection 3, shall develop a plan for training that 3 meets the requirements of section 256.16, subsection 1, 4 paragraph “d”, as enacted in this Act. The plan shall be 5 submitted to the state board of education for approval by 6 January 1, 2014. If the initial plan is not approved by the 7 state board, it shall be returned to the program by March 29, 8 2014, with a description of the plan’s deficiencies. The 9 program may submit a revised plan to the state board by April 10 29, 2014. If the revised plan is not approved by the state 11 board, the state board shall reevaluate its approval of the 12 practitioner preparation program. 13 Sec. 14. EFFECTIVE DATES. The following provision or 14 provisions of this Act take effect on the following dates: 15 1. The section of this Act amending section 257.9, 16 subsection 7, and the section of this Act amending section 17 257.10, subsection 10, take effect upon enactment for the 18 computation of state school aid for budget years beginning on 19 or after July 1, 2013. 20 2. The section of this Act amending section 280.28, 21 subsection 3, takes effect July 1, 2014. 22 EXPLANATION 23 This bill expands current Code provisions relating to 24 the definition of bullying and to harassment and bullying 25 policies each school district and accredited nonpublic school 26 is required to adopt; requires the director of the department 27 of education to develop and make available to school districts 28 and accredited nonpublic schools training information and 29 materials which schools, school employees, and parents may use 30 to recognize and appropriately address bullying and harassment, 31 including cyberbullying; directs approved practitioner 32 preparation programs to require, beginning July 1, 2014, 33 students to successfully complete training on how to prevent, 34 recognize, address, and stop bullying and harassment behaviors, 35 -11- LSB 1275YH (6) 85 kh/nh 11/ 15

H.F. 187 and to provide students with information on the effects of 1 bullying and harassment; and provides for an additional day of 2 professional development. 3 The bill increases the professional development supplement 4 categorical state cost per pupil and the professional 5 development supplement district cost per pupil under the 6 school aid formula to provide school districts with funding 7 for an additional day of professional development which 8 school districts must include in their district professional 9 development plan. The bill also provides that for purposes 10 of determining whether a school district will receive a 11 budget adjustment based on whether its unadjusted professional 12 development supplement district cost for a budget year is less 13 than 100 percent of the base year, the department of management 14 shall subtract $20 from the school district’s professional 15 development supplement district cost per pupil for the budget 16 year beginning July 1, 2013. These provisions take effect upon 17 enactment for the computation of state school aid for budget 18 years beginning on or after July 1, 2013. 19 The additional professional development day the school aid 20 formula moneys pay for must be used to provide training on how 21 to recognize and appropriately address harassment and bullying 22 behavior, including cyberbullying. 23 In developing the training information and materials, 24 the director must consult with related state agencies and 25 education stakeholders. School districts must incorporate the 26 information and materials in their employee training programs, 27 which shall also be provided to volunteers and other service 28 providers who have significant contact with students. 29 The training information and materials must include or 30 provide for developmentally appropriate and age-appropriate 31 strategies to prevent or stop bullying and harassment among 32 students within and outside the school setting; information 33 regarding the interaction and relationship between students 34 committing acts of bullying or harassment, students against 35 -12- LSB 1275YH (6) 85 kh/nh 12/ 15

H.F. 187 whom such acts are directed, and witnesses of such acts; 1 research findings on bullying and harassment, such as 2 information about the types of students who have been shown to 3 be at risk for bullying or harassment in the school setting; 4 and information on the frequency and nature of cyberbullying 5 and on internet safety issues. 6 School districts and accredited nonpublic schools must 7 utilize their school improvement advisory committees’ 8 recommendations to determine harassment or bullying prevention 9 goals, programs, training, and other initiatives. Each 10 committee must develop by July 1, 2014, a plan for counseling 11 the victims of bullying and harassment and the victims’ 12 families, and the school district or school must post the plan 13 on its internet site. The school district and school shall 14 include the plan in the annual comprehensive school improvement 15 plan it submits to the department. 16 The general assembly’s findings are updated to provide that 17 cyberbullying is an especially insidious form of bullying that 18 occurs most often outside school, but nonetheless affects the 19 school process, impeding the ability of students to learn and 20 succeed. 21 The bill makes a number of changes in Code section 280.28, 22 which prohibits harassment and bullying in schools, requires 23 schools to adopt a policy, and provides for immunity for a 24 school employee, volunteer, or student, or a student’s parent 25 or guardian who promptly, reasonably, and in good faith reports 26 an incident of harassment or bullying. 27 The bill modifies the definition of “harassment” and 28 “bullying” to add gestures to the behaviors which may create 29 an objectively hostile school environment, and to include 30 cyberbullying in the definition. The bill also expands 31 the definition of “electronic” to include communication 32 via internet site or other social media. The bill defines 33 “cyberbullying” as harassment or bullying by electronic means. 34 Effective July 1, 2014, the policy school districts and 35 -13- LSB 1275YH (6) 85 kh/nh 13/ 15

H.F. 187 accredited nonpublic schools must adopt on or before September 1 1, 2014, must include cyberbullying. The bill expands policy 2 requirements to add school grounds to the areas where school 3 employees, volunteers, and students are prohibited from 4 engaging in harassing and bullying behavior, and further 5 prohibits such persons from engaging in harassment or bullying 6 behavior off school property or grounds if the behavior places 7 the student in reasonable fear of harm to the student’s person 8 or property or has a substantially detrimental effect on the 9 student’s physical or mental health. 10 Under the bill, the policy must also include a procedure 11 for reporting to the school district superintendent, the 12 superintendent’s designee, or the authorities in charge of 13 the school, an alleged incident of cyberbullying. If an 14 electronic device provided by the school was used in an alleged 15 cyberbullying incident, the superintendent or designee or 16 the authorities may require the student suspected of the 17 cyberbullying to return the device to the school and may report 18 the incident to local law enforcement. If the alleged incident 19 did not involve a school-provided electronic device, the 20 superintendent or designee or the authorities shall report the 21 incident to local law enforcement. 22 The policy must also include a procedure for the prompt 23 investigation, by the school district superintendent, designee, 24 or the authorities in charge of the school, of an alleged 25 act of harassment or bullying; as well as a procedure for 26 recommending that available community mental health care 27 options be provided a student, if deemed appropriate, based 28 upon the results of an investigation. 29 A provision that allows a parent to appeal to the state board 30 of education a school board’s denial of an open enrollment 31 application is amended to add denial of an application 32 involving repeated acts of bullying, including cyberbullying, 33 to the types of school board decisions which may be appealed. 34 Finally, the bill directs each approved practitioner 35 -14- LSB 1275YH (6) 85 kh/nh 14/ 15

H.F. 187 preparation program to develop a plan for training students 1 on how to prevent, recognize, address, and stop bullying and 2 harassment behaviors, and provide students with information 3 on the effects of bullying and harassment. The plan must 4 be submitted to the state board for approval by January 1, 5 2014. If the initial plan is not approved by the state board, 6 it shall be returned to the program by March 29, 2014, with 7 a description of the plan’s deficiencies. The program may 8 submit a revised plan to the state board by April 29, 2014. 9 If the revised plan is not approved by the state board, the 10 state board shall reevaluate its approval of the practitioner 11 preparation program. 12 -15- LSB 1275YH (6) 85 kh/nh 15/ 15