House
Study
Bill
525
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
A
BILL
FOR
An
Act
relating
to
state
and
school
antiharassment
and
1
antibullying
policies
and
providing
for
training
on
bullying
2
prevention,
suicide
prevention,
and
professional
conduct
and
3
ethics
for
school
personnel.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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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,
paragraph
“a”
.
After
receipt
of
such
notification,
a
9
school
district
or
accredited
nonpublic
school
shall
notify
10
all
employees
holding
a
license,
certificate,
authorization,
11
or
statement
of
recognition
issued
by
the
board
of
educational
12
examiners
regarding
the
availability
of
such
training.
13
Sec.
3.
Section
272.2,
Code
2014,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
19.
a.
Adopt
rules
requiring
all
16
individuals
applying
for
or
renewing
a
license,
certificate,
17
authorization,
or
statement
of
recognition
issued
by
the
18
board
to
complete
training
approved
by
the
board
relating
to
19
bullying
prevention,
suicide
prevention,
and
the
board’s
code
20
of
professional
conduct
and
ethics,
to
the
extent
such
training
21
is
made
available
by
the
state
of
Iowa
at
no
charge
to
the
22
trainee.
23
b.
Adopt
rules
providing
for
waiver
or
suspension
of
24
the
training
requirements
of
paragraph
“a”
,
if
the
waiver
25
or
suspension
is
in
the
public
interest,
applicable
to
an
26
individual
who
is
engaged
in
active
duty
in
the
military
27
service
of
this
state
or
of
the
United
States,
to
an
individual
28
for
whom
compliance
with
the
training
requirements
would
impose
29
a
significant
hardship,
or
to
an
individual
who
is
practicing
30
in
an
education
profession
outside
this
state.
31
Sec.
4.
Section
280.28,
subsection
2,
paragraphs
a
and
c,
32
Code
2014,
are
amended
to
read
as
follows:
33
a.
“Electronic”
means
any
communication
involving
the
34
transmission
of
information
by
wire,
radio,
optical
cable,
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electromagnetic,
or
other
similar
means.
“Electronic”
includes
1
but
is
not
limited
to
communication
via
electronic
mail,
2
internet-based
communications
including
social
networking
3
sites
,
pager
service,
cell
phones,
and
electronic
text
4
messaging
,
or
any
other
electronic
communication
site,
device,
5
or
means
.
6
c.
“Trait
or
characteristic
of
the
student”
includes
7
but
is
not
limited
to
age,
color,
creed,
national
origin,
8
race,
religion,
marital
status,
sex,
sexual
orientation,
9
gender
identity,
physical
attributes,
physical
or
mental
10
ability
or
disability,
ancestry,
political
party
preference,
11
political
belief,
socioeconomic
status,
or
familial
status
,
12
behavior,
friendship
or
relationship
with
others,
or
any
13
other
distinguishing
characteristic.
This
paragraph
shall
be
14
construed
broadly
to
achieve
the
purposes
of
this
section
.
15
Sec.
5.
Section
280.28,
subsection
3,
Code
2014,
is
amended
16
by
adding
the
following
new
paragraph:
17
NEW
PARAGRAPH
.
h.
A
procedure
for
the
prompt
notification
18
of
the
parents
or
guardians
of
all
students
directly
involved
19
in
a
reported
incident
of
harassment
or
bullying.
The
20
procedure
may
include
an
exception
to
the
notification
21
requirement
if
a
school
official
reasonably
believes
22
notification
would
subject
a
student
to
abuse
or
neglect.
23
Sec.
6.
Section
280.28,
Code
2014,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
9.
Authority
off
school
grounds.
A
school
26
official
may
investigate
and
impose
school
discipline
or
take
27
other
action
in
the
case
of
an
alleged
incident
of
harassment
28
or
bullying
that
occurs
outside
of
school,
off
of
school
29
property,
or
away
from
a
school
function
or
school-sponsored
30
activity
if
all
of
the
following
apply:
31
a.
A
parent,
guardian,
student,
school
employee,
or
32
volunteer
reports
an
incident
of
harassment
or
bullying
33
pursuant
to
the
school’s
policy
adopted
under
subsection
3,
34
paragraph
“e”
.
35
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b.
The
alleged
incident
of
harassment
or
bullying
has
an
1
effect
on
school
grounds
that
creates
an
objectively
hostile
2
school
environment
that
meets
one
or
more
of
the
conditions
set
3
out
under
subsection
2,
paragraph
“b”
.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
bullying
and
suicide
prevention.
8
The
bill
requires
individuals
applying
for
or
renewing
9
a
license,
certificate,
authorization,
or
statement
of
10
recognition
issued
by
the
board
of
educational
examiners
to
11
complete
training
approved
by
the
board
relating
to
bullying
12
prevention,
suicide
prevention,
and
the
board’s
code
of
13
professional
conduct
and
ethics,
to
the
extent
such
training
14
is
made
available
by
the
state
of
Iowa
at
no
charge
to
the
15
trainee.
16
The
bill
requires
the
board
to
waive
or
suspend
the
training
17
requirements
under
certain
conditions.
The
department
of
18
education
is
to
annually
notify
all
school
districts
and
19
accredited
nonpublic
schools
of
the
availability
of
the
20
required
training.
The
school
districts
and
accredited
21
nonpublic
schools
shall
then
notify
all
employees
holding
22
a
license,
certificate,
authorization,
or
statement
of
23
recognition
issued
by
the
board
of
the
availability
of
such
24
training.
25
The
bill
modifies
the
definition
of
“electronic”
under
state
26
law
relating
to
school
antiharassment
and
antibullying
policies
27
by
adding
any
other
electronic
communication
site,
device,
or
28
means
to
the
definition
and
by
including
social
networking
29
sites
as
part
of
the
term
“internet-based
communications”.
30
The
bill
modifies
the
definition
of
“harassment”
and
31
“bullying”
under
state
law
relating
to
school
antiharassment
32
and
antibullying
policies
by
adding
behavior,
friendship
33
or
relationship
with
others,
or
any
other
distinguishing
34
characteristic
to
the
definition.
The
bill
provides
that
the
35
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definition
of
“harassment”
and
“bullying”
is
to
be
construed
1
broadly
to
achieve
the
purposes
of
the
law.
2
The
bill
requires
school
antiharassment
and
antibullying
3
policies
to
include
a
procedure
for
the
prompt
notification
of
4
the
parents
or
guardians
of
all
students
directly
involved
in
a
5
reported
incident
of
harassment
or
bullying.
The
bill
provides
6
that
the
procedure
may
include
an
exception
to
the
notification
7
requirement
if
a
school
official
reasonably
believes
8
notification
would
subject
a
student
to
abuse
or
neglect.
9
The
bill
grants
school
officials
the
authority
to
10
investigate
and
impose
school
discipline
or
take
other
action
11
in
cases
of
alleged
incidents
of
harassment
or
bullying
that
12
occur
outside
of
school,
off
of
school
property,
or
away
from
13
school
functions
or
school-sponsored
activities
if
certain
14
conditions
are
met.
Those
conditions
are
that
a
parent,
15
guardian,
student,
school
employee,
or
volunteer
reports
an
16
incident
of
harassment
or
bullying
pursuant
to
the
school’s
17
antiharassment
and
antibullying
policy;
and
that
the
alleged
18
incident
of
harassment
or
bullying
has
an
effect
on
school
19
grounds
that
creates
an
objectively
hostile
school
environment
20
that
places
the
student
in
reasonable
fear
of
harm
to
the
21
student’s
person
or
property;
has
a
substantially
detrimental
22
effect
on
the
student’s
physical
or
mental
health;
has
the
23
effect
of
substantially
interfering
with
a
student’s
academic
24
performance;
or
has
the
effect
of
substantially
interfering
25
with
the
student’s
ability
to
participate
in
or
benefit
from
26
the
services,
activities,
or
privileges
provided
by
a
school.
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