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 TLSB 5269XL (7) 85 je/nh
S.F. _____ H.F. _____ 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, 35 -1- LSB 5269XL (7) 85 je/nh 1/ 4
S.F. _____ H.F. _____ 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 -2- LSB 5269XL (7) 85 je/nh 2/ 4
S.F. _____ H.F. _____ 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 -3- LSB 5269XL (7) 85 je/nh 3/ 4
S.F. _____ H.F. _____ 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. 27 -4- LSB 5269XL (7) 85 je/nh 4/ 4