H.F. 2409 Section 1. SHORT TITLE. This Act shall be known and may be 1 cited as the “Bully Free Iowa Act of 2014”. 2 Sec. 2. Section 256.7, Code 2014, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 33. Adopt rules providing for annual 5 notification by the department to all school districts and 6 accredited nonpublic schools regarding the availability of 7 training meeting the requirements of section 272.2, subsection 8 19. After receipt of such notification, a school district 9 or accredited nonpublic school shall notify all employees 10 holding a license, certificate, authorization, or statement 11 of recognition issued by the board of educational examiners 12 regarding the availability of such training. 13 Sec. 3. Section 256.7, Code 2014, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 34. Adopt rules incorporating the training 16 required by section 272.2, subsection 19, into the standards 17 for individual teacher professional development plans in 18 accordance with section 284.6 and individual administrator 19 professional development plans in accordance with section 20 284A.6. 21 Sec. 4. NEW SECTION . 256.100 Harassment and bullying 22 prevention and response. 23 1. The department shall coordinate and implement the 24 state’s efforts to prevent and respond to harassment and 25 bullying as defined in section 280.28. The department may 26 enter into chapter 28E agreements with the board of educational 27 examiners, the department of human rights, the civil rights 28 commission, and postsecondary educational institutions for the 29 joint employment of personnel to carry out its duties. 30 2. The department shall: 31 a. Assist schools in this state in implementation of section 32 280.28, using research-based best practices. 33 b. Develop or recommend qualified training programs for 34 training required by section 272.2, subsection 19. 35 -1- LSB 5269HV (3) 85 je/nh 1/ 7

H.F. 2409 c. Provide assistance to school employees responsible 1 for conducting investigations of complaints of incidents of 2 harassment or bullying to ensure compliance with section 3 280.28. 4 d. Have access to, compare, and analyze harassment and 5 bullying incidence data reported by school districts and 6 accredited nonpublic schools pursuant to section 280.28, 7 subsection 7, and response data from the Iowa youth survey 8 conducted by the department of public health. The department 9 may use its analysis to provide technical assistance to 10 districts and schools regarding their data outcomes. 11 Sec. 5. Section 272.2, Code 2014, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 19. a. Adopt rules requiring all 14 individuals applying for or renewing a license, certificate, 15 authorization, or statement of recognition issued by the board 16 to complete training approved by the department on harassment 17 and bullying prevention and response. 18 b. Adopt rules requiring all individuals applying for or 19 renewing an administrator license to complete training approved 20 by the department on implementation of school-wide policies 21 and procedures for harassment and bullying identification, 22 reporting, response, and prevention and for the training of 23 individuals who are responsible for conducting investigations 24 of complaints of incidents of harassment or bullying. 25 c. Adopt rules providing for waiver or suspension of 26 the training requirements of this subsection if the waiver 27 or suspension is in the public interest, applicable to an 28 individual who is engaged in active duty in the military 29 service of this state or of the United States, to an individual 30 for whom compliance with the training requirements would impose 31 a significant hardship, or to an individual who is practicing 32 in an education profession outside this state. 33 Sec. 6. Section 280.28, subsection 2, paragraphs a and b, 34 Code 2014, are amended to read as follows: 35 -2- LSB 5269HV (3) 85 je/nh 2/ 7

H.F. 2409 a. “Electronic” means any communication involving the 1 transmission of information by wire, radio, optical cable, 2 electromagnetic, or other similar means. “Electronic” includes 3 but is not limited to communication via electronic mail, 4 internet-based communications including social networking 5 sites , pager service, cell phones, and electronic text 6 messaging , or any other electronic communication site, device, 7 or means . 8 b. “Harassment” and “bullying” shall be construed to mean 9 any electronic, written, verbal, or physical act or conduct 10 toward a student which is based on any actual or perceived 11 trait or characteristic of the student or any other reason and 12 which creates an objectively hostile school environment that 13 meets one or more of the following conditions: 14 (1) Places the student in reasonable fear of harm to the 15 student’s person or property. 16 (2) Has a substantially detrimental effect on the student’s 17 physical or mental health. 18 (3) Has the effect of substantially interfering with a 19 student’s academic performance. 20 (4) Has the effect of substantially interfering with 21 the student’s ability to participate in or benefit from the 22 services, activities, or privileges provided by a school. 23 Sec. 7. Section 280.28, subsection 3, Code 2014, is amended 24 by adding the following new paragraphs: 25 NEW PARAGRAPH . h. A procedure for the prompt notification 26 of the parents or guardians of all students directly involved 27 in a reported incident of harassment or bullying. The 28 procedure may include an exception to the notification 29 requirement if a school official reasonably believes 30 notification would subject a student to abuse or neglect. 31 NEW PARAGRAPH . i. A procedure for documenting the actions 32 taken by the school to investigate and respond to harassment 33 or bullying. 34 Sec. 8. Section 280.28, subsection 7, Code 2014, is amended 35 -3- LSB 5269HV (3) 85 je/nh 3/ 7

H.F. 2409 to read as follows: 1 7. Integration of policy and reporting. The board of 2 directors of a school district and the authorities in charge of 3 each nonpublic school shall integrate its antiharassment and 4 antibullying policy into the comprehensive school improvement 5 plan required under section 256.7, subsection 21 , and shall 6 report data collected under subsection 6 , as specified by the 7 following to the department , to and the local community . : 8 a. Data collected under subsection 6, as specified by the 9 department. 10 b. The process used for filing complaints, including the 11 location of online or other complaint forms. 12 c. Antiharassment and antibullying training completed by 13 school employees, volunteers, and students during each school 14 year. 15 Sec. 9. Section 280.28, Code 2014, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 9. Authority off school grounds. A school 18 official may investigate and impose school discipline or take 19 other action in the case of an alleged incident of harassment 20 or bullying, including cyberbullying, that occurs outside of 21 school, off of school property, or away from a school function 22 or school-sponsored activity if all of the following apply: 23 a. A parent, guardian, student, school employee, or 24 volunteer reports an incident of harassment or bullying 25 pursuant to the school’s policy adopted under subsection 3, 26 paragraph “e” . 27 b. The alleged incident of harassment or bullying has an 28 effect on school grounds that creates an objectively hostile 29 school environment that meets one or more of the conditions set 30 out under subsection 2, paragraph “b” . 31 NEW SUBSECTION . 10. Rulemaking authority. The department 32 of education may adopt rules necessary to administer this 33 section in a uniform way across the state. 34 EXPLANATION 35 -4- LSB 5269HV (3) 85 je/nh 4/ 7

H.F. 2409 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill requires all individuals applying for or renewing 3 a license, certificate, authorization, or statement of 4 recognition issued by the board of educational examiners to 5 complete training approved by the department of education 6 on harassment and bullying prevention and response. The 7 bill requires all individuals applying for or renewing 8 an administrator license to complete training approved by 9 the department on implementation of school-wide policies 10 and procedures for harassment and bullying identification, 11 reporting, response, and prevention and for the training of 12 individuals who are responsible for conducting investigations 13 of complaints of incidents of harassment or bullying. 14 The bill requires the board to waive or suspend the training 15 requirements under certain conditions. The department of 16 education is to annually notify all school districts and 17 accredited nonpublic schools of the availability of the 18 required training. The school districts and accredited 19 nonpublic schools shall then notify all employees holding 20 a license, certificate, authorization, or statement of 21 recognition issued by the board of the availability of such 22 training. The bill requires the board of education to adopt 23 rules incorporating the training requirements into the 24 standards for individual teacher professional development plans 25 and individual administrator professional development plans. 26 The bill provides duties for the department of education 27 relating to harassment and bullying prevention and response. 28 The department shall coordinate and implement the state’s 29 efforts to prevent and respond to harassment and bullying 30 as defined in Code section 280.28, the state antiharassment 31 and antibullying law. The department may enter into Code 32 chapter 28E agreements with certain public agencies for the 33 joint employment of personnel to carry out its duties. The 34 department shall assist schools in Iowa in implementation of 35 -5- LSB 5269HV (3) 85 je/nh 5/ 7

H.F. 2409 Code section 280.28, using research-based best practices. 1 The department shall develop or recommend qualified training 2 programs for training required by the bill. The department 3 shall provide assistance to school employees responsible 4 for conducting investigations of complaints of incidents of 5 harassment or bullying to ensure compliance with Code section 6 280.28. The department shall have access to, compare, and 7 analyze harassment and bullying incidence data reported by 8 school districts and accredited nonpublic schools pursuant to 9 Code section 280.28, and response data from the Iowa youth 10 survey conducted by the department of public health. The 11 department may use its analysis to provide technical assistance 12 to districts and schools regarding their data outcomes. 13 The bill modifies the definition of “electronic” under Code 14 section 280.28 by adding any other electronic communication 15 site, device, or means to the definition and by including 16 social networking sites as part of the term “internet-based 17 communications”. 18 Under current law, the definition of “harassment” and 19 “bullying” under Code section 280.28 applies to an act or 20 conduct toward a student which is based on any actual or 21 perceived trait or characteristic of the student. The bill 22 modifies the definition by including an act or conduct toward a 23 student which is based on any other reason as well. 24 The bill requires school antiharassment and antibullying 25 policies to include a procedure for the prompt notification of 26 the parents or guardians of all students directly involved in a 27 reported incident of harassment or bullying. The bill provides 28 that the procedure may include an exception to the notification 29 requirement if a school official reasonably believes 30 notification would subject a student to abuse or neglect. 31 The bill requires state antiharassment and antibullying 32 policies to include a procedure for documenting the actions 33 taken by the school to investigate and respond to harassment 34 or bullying. 35 -6- LSB 5269HV (3) 85 je/nh 6/ 7

H.F. 2409 The bill modifies data reporting requirements for schools 1 under Code section 280.28 by requiring the board of directors 2 of a school district and the authorities in charge of each 3 nonpublic school to report certain additional information to 4 the department of education and the local community. 5 The bill grants school officials the authority to 6 investigate and impose school discipline or take other action 7 in cases of alleged incidents of harassment or bullying, 8 including cyberbullying, that occur outside of school, 9 off of school property, or away from school functions or 10 school-sponsored activities if certain conditions are met. 11 Those conditions are that a parent, guardian, student, school 12 employee, or volunteer reports an incident of harassment 13 or bullying pursuant to the school’s antiharassment and 14 antibullying policy; and that the alleged incident of 15 harassment or bullying has an effect on school grounds that 16 creates an objectively hostile school environment that places 17 the student in reasonable fear of harm to the student’s 18 person or property; has a substantially detrimental effect 19 on the student’s physical or mental health; has the effect 20 of substantially interfering with a student’s academic 21 performance; or has the effect of substantially interfering 22 with the student’s ability to participate in or benefit from 23 the services, activities, or privileges provided by a school. 24 The bill permits the department of education to adopt rules 25 necessary to administer Code section 280.28 in a uniform way 26 across the state. 27 -7- LSB 5269HV (3) 85 je/nh 7/ 7