H.F. 593 Section 1. Section 280.28, Code 2013, is amended to read as 1 follows: 2 280.28 Harassment and bullying prohibited —— policy —— 3 immunity. 4 1. Purpose —— findings —— policy. The state of Iowa is 5 committed to providing all students with a safe and civil 6 school environment in which all members of the school community 7 are treated with dignity and respect. The general assembly 8 finds that a safe and civil school environment is necessary 9 for students to learn and achieve at high academic levels. 10 Harassing and bullying behavior can seriously disrupt the 11 ability of school employees to maintain a safe and civil 12 environment, and the ability of students to learn and succeed. 13 Therefore, it is the policy of the state of Iowa that school 14 employees, volunteers, and students in Iowa schools shall not 15 engage in harassing or bullying behavior. 16 2. Definitions. For purposes of this section , unless the 17 context otherwise requires: 18 a. “Bullying” means any electronic, written, verbal, 19 or physical act or conduct toward a student which is based 20 on any reason other than any actual or perceived trait or 21 characteristic of the student and which creates an objectively 22 hostile school environment that meets one or more of the 23 following conditions: 24 (1) Places the student in reasonable fear of harm to the 25 student’s person or property. 26 (2) Has a substantially detrimental effect on the student’s 27 physical or mental health. 28 (3) Has the effect of substantially interfering with a 29 student’s academic performance. 30 (4) Has the effect of substantially interfering with 31 the student’s ability to participate in or benefit from the 32 services, activities, or privileges provided by a school. 33 a. b. “Electronic” means any communication involving the 34 transmission of information by wire, radio, optical cable, 35 -1- LSB 2471HV (2) 85 je/nh 1/ 8

H.F. 593 electromagnetic, or other similar means. “Electronic” includes 1 but is not limited to communication via electronic mail, 2 internet-based communications, pager service, cell phones, and 3 electronic text messaging , social networking internet sites, 4 and any other form of communication using electronic means . 5 b. c. “Harassment” and “bullying” shall be construed to 6 mean means any electronic, written, verbal, or physical act 7 or conduct toward a student which is based on any actual or 8 perceived trait or characteristic of the student and which 9 creates an objectively hostile school environment that meets 10 one or more of the following conditions: 11 (1) Places the student in reasonable fear of harm to the 12 student’s person or property. 13 (2) Has a substantially detrimental effect on the student’s 14 physical or mental health. 15 (3) Has the effect of substantially interfering with a 16 student’s academic performance. 17 (4) Has the effect of substantially interfering with 18 the student’s ability to participate in or benefit from the 19 services, activities, or privileges provided by a school. 20 c. d. “Trait or characteristic of the student” includes but 21 is not limited to age, color, creed, national origin, race, 22 religion, marital status, sex, sexual orientation, gender 23 identity, physical attributes, physical or mental ability or 24 disability, ancestry, political party preference, political 25 belief, socioeconomic status, or familial status , or any other 26 distinguishing characteristic. This listing of traits and 27 characteristics is not exhaustive. This paragraph shall be 28 construed broadly to achieve the purposes of this section . 29 d. e. “Volunteer” means an individual who has regular, 30 significant contact with students. 31 3. Policy. On or before September 1, 2007, the board of 32 directors of a school district and the authorities in charge of 33 each accredited nonpublic school shall adopt a policy declaring 34 harassment and bullying in schools, on school property, and at 35 -2- LSB 2471HV (2) 85 je/nh 2/ 8

H.F. 593 any school function, or school-sponsored activity regardless 1 of its location, in a manner consistent with this section , as 2 against state and school policy. The board and the authorities 3 shall make a copy of the policy available to all school 4 employees, volunteers, students, and parents or guardians and 5 shall take all appropriate steps to bring the policy against 6 harassment and bullying and the responsibilities set forth in 7 the policy to the attention of school employees, volunteers, 8 students, and parents or guardians. Each policy shall, at a 9 minimum, include all of the following components: 10 a. A statement declaring harassment and bullying to be 11 against state and school policy. The statement shall include 12 but not be limited to the following provisions: 13 (1) School employees, volunteers, and students in 14 school, on school property, or at any school function or 15 school-sponsored activity shall not engage in harassing 16 and bullying behavior in any of the following locations or 17 circumstances: 18 (a) In school . 19 (b) On school property. 20 (c) In any vehicle which is owned, leased, provided, or 21 hired by the school. 22 (d) At any school function or school-sponsored activity. 23 (e) While using any property or equipment which is owned, 24 leased, or provided by the school. 25 (f) While attending or engaged in school activities. 26 (g) In any other location or circumstance if the act or 27 conduct at issue directly affects the good order, efficient 28 management, and welfare of the school. 29 (2) School employees, volunteers, and students shall not 30 engage in reprisal, retaliation, or false accusation against a 31 victim, witness, or an individual who has reliable information 32 about such an act incident of harassment or bullying or against 33 an individual who has reported an incident of harassment or 34 bullying under a policy adopted pursuant to this section . 35 -3- LSB 2471HV (2) 85 je/nh 3/ 8

H.F. 593 b. A definition of harassment and bullying as set forth in 1 this section . 2 c. A description of the type of behavior expected from 3 school employees, volunteers, parents or guardians, and 4 students relative to prevention measures, reporting, and 5 investigation of harassment or bullying. 6 d. The consequences and appropriate remedial action for a 7 person who violates the antiharassment and antibullying policy. 8 e. A procedure for reporting an act incident of harassment 9 or bullying, including the identification by job title of the 10 school official responsible for ensuring that the policy is 11 implemented, and the identification of the person or persons 12 responsible for receiving reports of incidents of harassment 13 or bullying. 14 f. A procedure for the prompt investigation of complaints 15 reports , either identifying the school superintendent or the 16 superintendent’s designee as the individual responsible for 17 conducting the investigation, including a statement that 18 investigators will consider the totality of circumstances 19 presented in determining whether conduct objectively 20 constitutes harassment or bullying under this section . 21 g. A statement of the manner in which the policy and the 22 process for reporting incidents of harassment or bullying will 23 be publicized. 24 4. Programs encouraged. The board of directors of a school 25 district and the authorities in charge of each accredited 26 nonpublic school are encouraged to establish evidence-based 27 programs designed to eliminate harassment and bullying in 28 schools. To the extent that funds are available for these 29 purposes, school districts and accredited nonpublic schools 30 shall do the following: 31 a. Provide training on antiharassment and antibullying 32 policies to school employees and volunteers who have 33 significant contact with students. 34 b. Develop a process to provide school employees, 35 -4- LSB 2471HV (2) 85 je/nh 4/ 8

H.F. 593 volunteers, and students with the skills and knowledge to help 1 reduce incidents of harassment and bullying. 2 5. Immunity. 3 a. A school employee, volunteer, or student, or a student’s 4 parent or guardian who promptly, reasonably, and in good faith 5 reports an incident of harassment or bullying, in compliance 6 with the procedures in the policy adopted pursuant to this 7 section , to the appropriate school official designated by the 8 school district or accredited nonpublic school, shall be immune 9 from civil or criminal liability relating to such report and 10 to participation in any administrative or judicial proceeding 11 resulting from or relating to the report. 12 b. A school employee who promptly, reasonably, and in 13 good faith makes an effort to follow the procedures in the 14 policy adopted pursuant to this section upon the school’s 15 receipt of a report of an incident of harassment or bullying, 16 or who determines not to investigate or take further action 17 regarding a report of an incident of harassment or bullying 18 that allegedly occurred outside the locations or circumstances 19 provided in subsection 3, paragraph “a” , subparagraph (1), 20 shall be immune from civil or criminal liability relating 21 to such effort or determination and to participation in 22 any administrative or judicial proceeding resulting from or 23 relating to the effort or determination. 24 6. Collection requirement. The board of directors of 25 a school district and the authorities in charge of each 26 nonpublic school shall develop and maintain a system to collect 27 harassment and bullying incidence data. 28 7. Integration of policy and reporting. The board of 29 directors of a school district and the authorities in charge of 30 each nonpublic school shall integrate its antiharassment and 31 antibullying policy into the comprehensive school improvement 32 plan required under section 256.7, subsection 21 , and shall 33 report data collected under subsection 6 , as specified by the 34 department, to the following information to the local community 35 -5- LSB 2471HV (2) 85 je/nh 5/ 8

H.F. 593 and the department: 1 a. Data collected under subsection 6, as specified by the 2 department . 3 b. The process used for reporting incidents of harassment 4 or bullying, including the means of accessing the policy and 5 online and other methods for such reporting. 6 c. Antiharassment and antibullying training provided to or 7 performed by school employees, volunteers, or students during 8 each school year. 9 8. Existing remedies not affected. This section shall not 10 be construed to preclude a victim from seeking administrative 11 or legal remedies under any applicable provision of law. 12 This section shall not be construed to limit or alter the 13 responsibility of a school district or accredited nonpublic 14 school to comply with other state or federal education or civil 15 rights laws that protect against harassment or discrimination. 16 9. Rulemaking authority. The department of education may 17 adopt rules under chapter 17A necessary to implement this 18 section. 19 10. Rule of construction. This section shall not be 20 construed to prohibit a school district or accredited nonpublic 21 school from responding to or addressing an act or conduct that 22 would constitute “ harassment” or “bullying” as defined in this 23 section but for the fact that the act or conduct occurred 24 outside the locations or circumstances provided in subsection 25 3, paragraph “a” , subparagraph (1). 26 EXPLANATION 27 This bill makes various changes relating to state and school 28 antiharassment and antibullying policies. 29 Under current law, “harassment” and “bullying” are defined 30 as any electronic, written, verbal, or physical act or conduct 31 toward a student which is based on any actual or perceived 32 trait or characteristic of the student and which creates an 33 objectively hostile school environment that meets certain 34 conditions. The bill distinguishes these two terms. The bill 35 -6- LSB 2471HV (2) 85 je/nh 6/ 8

H.F. 593 defines “harassment” as any electronic, written, verbal, or 1 physical act or conduct toward a student which is based on any 2 actual or perceived trait or characteristic of the student and 3 which creates an objectively hostile school environment that 4 meets certain conditions. The bill defines “bullying” as any 5 electronic, written, verbal, or physical act or conduct toward 6 a student which is based on any reason other than any actual 7 or perceived trait or characteristic of the student and which 8 creates an objectively hostile school environment that meets 9 certain conditions. 10 Under current law, “trait or characteristic of the student” 11 is defined to include but not be limited to age, color, 12 creed, national origin, race, religion, marital status, sex, 13 sexual orientation, gender identity, physical attributes, 14 physical or mental ability or disability, ancestry, political 15 party preference, political belief, socioeconomic status, or 16 familial status. The bill applies the definition to any other 17 distinguishing characteristic of a student. The bill provides 18 that the definition is not exhaustive and must be construed 19 broadly to achieve the purposes of the bill. 20 The bill adds social networking internet sites and any other 21 form of communication using electronic means to the definition 22 of “electronic”. 23 Under current law, school antiharassment and antibullying 24 policies must prohibit harassment and bullying in school, on 25 school property, and at any school function or school-sponsored 26 activity. The bill adds presence in any vehicle owned, 27 leased, provided, or hired by the school; during the use of 28 any property or equipment owned, leased, or provided by the 29 school; while attending or engaged in school activities; and 30 in any other location or circumstance if the act or conduct at 31 issue directly affects the good order, efficient management, 32 and welfare of the school to this list. 33 The bill requires school antiharassment and antibullying 34 policies to prohibit reprisal, retaliation, or false accusation 35 -7- LSB 2471HV (2) 85 je/nh 7/ 8

H.F. 593 against an individual who has reported an incident of 1 harassment or bullying under the bill. The bill provides that 2 school antiharassment and antibullying policies must require 3 the process for reporting incidents of harassment or bullying 4 to be publicized. 5 The bill provides that a school employee who promptly, 6 reasonably, and in good faith makes an effort to follow the 7 procedures in the school’s antiharassment and antibullying 8 policy upon the school’s receipt of a report of an incident of 9 harassment or bullying, or who determines not to investigate or 10 take further action on a report of an incident of harassment 11 or bullying that allegedly occurred outside the locations or 12 circumstances covered by the policy, is immune from any related 13 civil or criminal liability and from participation in any 14 related administrative or judicial proceeding. 15 The bill expands the information relating to harassment and 16 bullying that schools are required to report to the department 17 of education. The bill authorizes the department to adopt 18 rules necessary to implement the bill. 19 The bill is not to be construed to limit or alter the 20 responsibility of a school to comply with other state or 21 federal education or civil rights laws that protect against 22 harassment or discrimination. 23 The bill is not to be construed to prohibit a school from 24 responding to or addressing an act or conduct that would 25 constitute “harassment” or “bullying” as defined in the bill 26 but for the fact that the act or conduct occurred outside 27 the locations or circumstances covered by the school’s 28 antiharassment and antibullying policy. 29 -8- LSB 2471HV (2) 85 je/nh 8/ 8