Senate File 2318 - Introduced SENATE FILE 2318 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 3149) A BILL FOR An Act relating to state and school antiharassment and 1 antibullying policies, establishing an office of support 2 and analysis for safe schools, establishing a school 3 climate improvement grant program, providing for training 4 on harassment and bullying prevention and response, making 5 appropriations, and including effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5993SV (3) 85 je/rj

S.F. 2318 Section 1. Section 135.11, subsection 30, Code 2014, is 1 amended by striking the subsection. 2 Sec. 2. Section 256.2, Code 2014, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 2A. “Harassment” and “bullying” mean the 5 same as defined in section 280.28. 6 Sec. 3. Section 256.7, Code 2014, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 33. Adopt rules incorporating the training 9 required by section 272.2, subsection 19, into the standards 10 for individual teacher professional development plans in 11 accordance with section 284.6 and individual administrator 12 professional development plans in accordance with section 13 284A.6. 14 Sec. 4. Section 256.9, Code 2014, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 65. Submit to the general assembly annually 17 by January 1, a report on harassment and bullying in schools in 18 this state. The report shall include harassment and bullying 19 incidence data reported by school districts and accredited 20 nonpublic schools pursuant to section 280.28, subsection 7, 21 including the number of founded and unfounded reports of 22 harassment or bullying per school district and accredited 23 nonpublic school; relevant response data from the Iowa youth 24 survey; outcome data for the school climate improvement grant 25 program established by section 256.101; and any recommendations 26 relating to harassment and bullying prevention in this state. 27 The department shall publish the report on the department’s 28 internet site. 29 Sec. 5. NEW SECTION . 256.100 Office of support and analysis 30 for safe schools. 31 1. The office of support and analysis for safe schools 32 is established in the department to coordinate and implement 33 the state’s efforts to prevent and respond to harassment and 34 bullying. 35 -1- LSB 5993SV (3) 85 je/rj 1/ 13

S.F. 2318 2. The office shall coordinate efforts between state 1 agencies and promote research-based best practices for 2 programming and training in the prevention of and response to 3 harassment and bullying. The office may enter into chapter 28E 4 agreements with the board of educational examiners, department 5 of human rights, the civil rights commission, postsecondary 6 educational institutions, and other public agencies for the 7 joint employment of personnel to carry out its duties. The 8 office shall coordinate with appropriate stakeholders in 9 carrying out its duties. 10 3. The office shall: 11 a. Assist schools in the implementation of section 280.28, 12 using research-based best practices. 13 b. Develop or recommend qualified training programs for 14 training required by section 272.2, subsection 19. 15 c. Coordinate with area education agencies to ensure 16 that training required by section 272.2, subsection 19, and 17 appropriate mental health services are available to every 18 school in this state. 19 d. Provide assistance to school employees responsible 20 for conducting investigations of complaints of incidents of 21 harassment or bullying to ensure compliance with section 22 280.28. 23 e. Administer the school climate improvement grant program 24 established by section 256.101. 25 f. Compare and analyze harassment and bullying incidence 26 data reported by school districts and accredited nonpublic 27 schools pursuant to section 280.28, subsection 7, and response 28 data from the Iowa youth survey. The office may use its 29 analysis to provide technical assistance to school districts 30 or schools to improve school learning environments and school 31 safety and to achieve compliance with section 280.28. 32 g. Coordinate with the department of public health and 33 other public and private agencies and organizations in the 34 administration of the your life Iowa initiative. Contacts with 35 -2- LSB 5993SV (3) 85 je/rj 2/ 13

S.F. 2318 the initiative relating to possible harassment or bullying 1 shall be shared with the office, which shall assist the 2 initiative in responding to such contacts. The office shall 3 maintain compliance with applicable federal and state privacy 4 laws to ensure the confidentiality of information provided to 5 the initiative. 6 h. Collaborate with the department of public health and 7 other state agencies in the administration of the Iowa youth 8 survey to students in grades six, eight, and eleven in Iowa’s 9 public and nonpublic schools. Survey data shall be evaluated 10 and reported, with aggregate data available online at the Iowa 11 youth survey internet site. 12 Sec. 6. NEW SECTION . 256.101 School climate improvement 13 grant program. 14 1. A school climate improvement grant program is 15 established in the department to build upon previous state 16 efforts to promote school safety, including the Iowa safe and 17 supportive schools grant and program, by providing funds to 18 school districts and accredited nonpublic schools to maintain, 19 improve, and promote safe and supportive learning environments 20 in this state. The program shall be administered by the office 21 of support and analysis for safe schools established by section 22 256.100. 23 2. The office shall award funds from the program to schools 24 on a competitive grant basis. Awards shall be consistent with 25 the following goals of the program: 26 a. To implement section 280.28, using research-based best 27 practices. 28 b. To assist schools to promote a climate of greater 29 productivity, safety, and learning. 30 c. To assist schools in the professional development of 31 staff in research-based school safety programs and classroom 32 management programs. 33 d. To assist schools in enhancing and coordinating 34 antiviolence efforts between schools, professional, parental, 35 -3- LSB 5993SV (3) 85 je/rj 3/ 13

S.F. 2318 governmental, law enforcement, and community organizations and 1 associations. 2 3. Grants from the program may be used to fund school 3 programs or activities including but not limited to the 4 following: 5 a. Research-based staff training or other efforts to 6 implement section 280.28. 7 b. Assessment of compliance with section 280.28. 8 c. Technical assistance for improved classroom management. 9 d. Research-based school safety programs that address risk 10 factors to reduce incidents of problem behaviors among students 11 including antiharassment and antibullying programs. 12 e. Mental health demonstration projects. 13 f. Safety and security training and resources that enhance 14 the overall safety and security of staff and students. 15 4. The office shall give priority in grant awards to the 16 following applicants: 17 a. Applicants that have experienced disproportionate 18 incidents of harassment and bullying. 19 b. Applicants that demonstrate that they are addressing 20 needs or gaps identified from their results in the Iowa youth 21 survey. 22 c. Applicants that provide a commitment of additional funds 23 from public or private sources for the programs or activities 24 for which a grant is sought. 25 5. The office shall pursue additional funding from public 26 and private sources to support the program. 27 6. The department shall adopt rules to administer the 28 program, including but not limited to an application process 29 and grant award criteria. 30 Sec. 7. Section 272.1, Code 2014, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 4A. “Harassment” and “bullying” mean the 33 same as defined in section 280.28. 34 Sec. 8. Section 272.2, Code 2014, is amended by adding the 35 -4- LSB 5993SV (3) 85 je/rj 4/ 13

S.F. 2318 following new subsection: 1 NEW SUBSECTION . 19. a. Adopt rules requiring all teachers 2 who have regular and substantial contact with students to 3 complete training approved by the office of support and 4 analysis for safe schools established by section 256.100, on 5 harassment and bullying prevention and response as part of 6 their professional development and training plans. 7 b. Adopt rules requiring all individuals applying for or 8 renewing a license, certificate, authorization, or statement 9 of recognition issued by the board who are responsible for 10 conducting investigations of complaints of incidents of 11 harassment or bullying to complete training approved by the 12 office of support and analysis for safe schools established 13 by section 256.100, on the provisions of section 280.28, 14 conducting impartial investigations with transparency, 15 collecting evidence, following up on previous investigations, 16 and reporting founded and unfounded incidents of harassment and 17 bullying to the department. 18 c. Adopt rules requiring all individuals applying for 19 or renewing an administrator license to complete training 20 approved by the office of support and analysis for safe 21 schools established by section 256.100, on implementation of 22 school-wide policies and procedures for harassment and bullying 23 identification, reporting, response, and prevention. 24 Sec. 9. Section 280.28, subsection 2, paragraph a, Code 25 2014, is amended to read as follows: 26 a. “Electronic” means any communication involving the 27 transmission of information by wire, radio, optical cable, 28 electromagnetic, or other similar means. “Electronic” includes 29 but is not limited to communication via electronic mail, 30 internet-based communications including social networking sites 31 and applications , pager service, cell phones, and electronic 32 text messaging , or any other electronic communication site, 33 device, or means . 34 Sec. 10. Section 280.28, subsection 3, Code 2014, is amended 35 -5- LSB 5993SV (3) 85 je/rj 5/ 13

S.F. 2318 by adding the following new paragraph: 1 NEW PARAGRAPH . h. A procedure for documenting the actions 2 taken by the school to investigate and respond to harassment 3 or bullying. 4 Sec. 11. Section 280.28, subsection 7, Code 2014, is amended 5 to read as follows: 6 7. Integration of policy and reporting. The board of 7 directors of a school district and the authorities in charge of 8 each nonpublic school shall integrate its antiharassment and 9 antibullying policy into the comprehensive school improvement 10 plan required under section 256.7, subsection 21 , and shall 11 report data collected under subsection 6 , as specified by the 12 following to the department , to and the local community . : 13 a. Data collected under subsection 6, as specified by the 14 department. 15 b. The process used for filing complaints, including the 16 location of online or other complaint forms. 17 c. The number of school employees and volunteers who have 18 completed antiharassment and antibullying training. 19 Sec. 12. Section 280.28, Code 2014, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 9. Parental notification. 22 a. Each school district and accredited nonpublic school 23 shall establish notification procedures for incidents of 24 harassment or bullying in accordance with this subsection. The 25 procedures shall include notification of the custodial parent 26 or guardian of any student directly involved in any incident of 27 harassment or bullying, upon investigation and determination 28 that harassment or bullying has occurred, consistent with 29 a notification plan made in consultation with the student 30 and school guidance staff. The notification shall include 31 information on the action that school officials have taken 32 regarding the incident and the actions school officials will 33 take to prevent further acts of harassment or bullying. If 34 such notification is delayed, the school district or school 35 -6- LSB 5993SV (3) 85 je/rj 6/ 13

S.F. 2318 shall document the reasons for the delay. This paragraph does 1 not prohibit a school official from contacting a parent or 2 guardian about a report of harassment or bullying prior to a 3 determination that harassment or bullying has occurred. 4 b. The requirements of this subsection shall not apply if a 5 school official reasonably believes notification would subject 6 a student to abuse, neglect, or other physical or mental harm. 7 c. Notification pursuant to this subsection shall comply 8 with state and federal privacy laws, regulations, and rules. 9 NEW SUBSECTION . 10. Authority off school grounds. A school 10 official may investigate and respond appropriately to an 11 alleged incident of harassment or bullying that occurs outside 12 of school, off of school property, or away from a school 13 function or school-sponsored activity. If an alleged incident 14 of harassment or bullying has an effect on school grounds that 15 creates an objectively hostile school environment that meets 16 one or more of the conditions set out under subsection 2, 17 paragraph “b” , a school official shall investigate and respond 18 appropriately to the alleged incident. The school official’s 19 investigation and response to an alleged incident of harassment 20 or bullying that occurs outside of school, off of school 21 property, or away from a school function or school-sponsored 22 activity may include referring the matter to law enforcement 23 officials or other appropriate authorities. 24 NEW SUBSECTION . 11. Rulemaking authority. The department 25 of education may adopt rules necessary to administer this 26 section in a uniform way across the state. 27 Sec. 13. APPROPRIATIONS. There is appropriated from 28 the general fund of the state to the department of education 29 for the fiscal year beginning July 1, 2013, and ending June 30 30, 2014, the following amounts, or so much thereof as is 31 necessary, to be used for the purposes designated: 32 For the establishment and administration of the office of 33 support and analysis for safe schools, for carrying out the 34 duties of the office, including salaries, support, maintenance, 35 -7- LSB 5993SV (3) 85 je/rj 7/ 13

S.F. 2318 and for not more than the following full-time equivalent 1 positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00 4 For the provision of grants from the school climate 5 improvement grant program established in section 256.101: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 7 From the moneys appropriated to the office of support and 8 analysis for safe schools, $150,000 shall be used to provide or 9 facilitate the provision of training required by section 272.2, 10 subsection 19, at minimal cost to the trainee. 11 Notwithstanding section 8.33, moneys appropriated in this 12 section that remain unencumbered or unobligated at the close of 13 the fiscal year shall not revert but shall remain available for 14 expenditure for the purposes designated until the close of the 15 succeeding fiscal year. 16 Sec. 14. EFFECTIVE UPON ENACTMENT. The following 17 provision or provisions of this Act, being deemed of immediate 18 importance, take effect upon enactment: 19 1. The section of this Act enacting section 256.100. 20 2. The section of this Act enacting section 256.101. 21 3. The section of this Act making appropriations to the 22 department of education. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 OFFICE WITHIN DEPARTMENT ESTABLISHED —— APPROPRIATION. 27 This bill establishes the office of support and analysis for 28 safe schools in the department of education to coordinate 29 and implement the state’s efforts to prevent and respond to 30 harassment and bullying. 31 The office shall coordinate efforts between state agencies 32 and promote research-based best practices for programming 33 and training in the prevention of and response to harassment 34 and bullying. The office may enter into Code chapter 28E 35 -8- LSB 5993SV (3) 85 je/rj 8/ 13

S.F. 2318 agreements with public agencies for the joint employment of 1 personnel. The office shall coordinate with the appropriate 2 stakeholders in carrying out its duties. 3 The bill provides duties for the office. The office shall 4 assist schools in implementation of Code section 280.28, the 5 state antiharassment and antibullying law, using research-based 6 best practices. The office shall develop or recommend 7 qualified training programs for training of school employees 8 and administrators required by the bill and shall coordinate 9 with area education agencies to ensure that such training 10 and appropriate mental health services are available to 11 every school in Iowa. The office shall provide assistance to 12 school employees responsible for conducting investigations of 13 complaints of harassment or bullying to ensure compliance with 14 Code section 280.28. The office shall administer the school 15 climate improvement grant program established by the bill. The 16 office shall have access to, compare, and analyze harassment 17 and bullying incidence data reported by school districts and 18 accredited nonpublic schools pursuant to Code section 280.28 19 and response data from the Iowa youth survey and may use its 20 analysis to provide technical assistance to school districts 21 and schools. The office shall coordinate with the department 22 of public health and other public and private agencies and 23 organizations in the administration of the your life Iowa 24 initiative. The initiative is administered by the department 25 of public health and provides assistance relating to bullying 26 and suicide prevention. The bill transfers administration of 27 the Iowa youth survey from the department of public health to 28 the office. The office shall collaborate with the department 29 of public health and other state agencies in the administration 30 of the survey. 31 The bill appropriates to the department of education for 32 fiscal year 2013-2014, for carryforward into fiscal year 33 2014-2015, $250,000 for the establishment and administration 34 of the office, for carrying out the duties of the office, and 35 -9- LSB 5993SV (3) 85 je/rj 9/ 13

S.F. 2318 for not more than three full-time equivalent positions. From 1 the moneys appropriated, $150,000 shall be used to provide or 2 facilitate the provision of training of school employees and 3 administrators required by the bill at minimal cost to the 4 trainees. 5 GRANT PROGRAM ESTABLISHED —— APPROPRIATION. The bill 6 establishes a school climate improvement grant program in 7 the department of education to build upon previous state 8 efforts to promote school safety, including the Iowa safe and 9 supportive schools grant and program, by providing funds to 10 school districts and accredited nonpublic schools to maintain, 11 improve, and promote safe and supportive learning environments 12 in this state. The program shall be administered by the office 13 of support and analysis for safe schools established by the 14 bill. 15 The office shall award funds from the program to schools 16 on a competitive grant basis. Awards shall be consistent 17 with the goals of the program. The goals are to implement 18 Code section 280.28, using research-based best practices; to 19 assist schools to promote a climate of greater productivity, 20 safety, and learning; to assist schools in the professional 21 development of staff in research-based school safety programs 22 and classroom management programs; and to assist schools 23 in enhancing and coordinating antiviolence efforts between 24 schools, professional, parental, governmental, law enforcement, 25 and community organizations and associations. 26 Grants from the program may be used to fund school programs 27 or activities including but not limited to research-based 28 staff training or other efforts to implement Code section 29 280.28; assessment of compliance with Code section 280.28; 30 research-based school safety programs; safety and security 31 training and resources that enhance the overall safety and 32 security of staff and students; and certain other programs and 33 activities. 34 The office shall give priority in grant awards to certain 35 -10- LSB 5993SV (3) 85 je/rj 10/ 13

S.F. 2318 applicants. 1 The bill appropriates to the department for fiscal year 2 2013-2014, for carryforward into fiscal year 2014-2015, 3 $750,000 to be used for grants from the program. 4 EDUCATIONAL PROFESSIONALS —— LICENSING AND TRAINING. The 5 bill requires the board of educational examiners to adopt rules 6 requiring all individuals applying for or renewing a license, 7 certificate, authorization, or statement of recognition issued 8 by the board who have regular and substantial contact with 9 students to complete training on harassment and bullying 10 prevention and response. 11 The bill requires the board to adopt rules requiring all 12 individuals applying for or renewing a license, certificate, 13 authorization, or statement of recognition issued by the board 14 who are responsible for conducting investigations of complaints 15 of incidents of harassment or bullying to complete training on 16 the provisions of Code section 280.28, conducting impartial 17 investigations with transparency, collecting evidence, 18 following up on previous investigations, and reporting founded 19 and unfounded incidents of harassment and bullying to the 20 department of education. 21 The bill requires the board to adopt rules requiring all 22 individuals applying for or renewing an administrator license 23 to complete training on implementation of school-wide policies 24 and procedures for harassment and bullying identification, 25 reporting, response, and prevention. 26 The bill requires the state board of education to adopt rules 27 incorporating the training requirements into the standards 28 for individual teacher professional development plans and 29 individual administrator professional development plans. 30 ANTIHARASSMENT AND ANTIBULLYING POLICIES AND ACTIONS. 31 “Harassment” and “bullying” are defined in the bill in Code 32 chapters 256 and 272 to mean the same as defined in Code 33 section 280.28. 34 The bill modifies the definition of “electronic” under 35 -11- LSB 5993SV (3) 85 je/rj 11/ 13

S.F. 2318 Code section 280.28 by including social networking sites 1 and applications and any other electronic communication 2 site, device, or means as part of the term “internet-based 3 communications”. 4 The bill requires state antiharassment and antibullying 5 policies to include a procedure for documenting the actions 6 taken by the school to investigate and respond to harassment 7 or bullying. 8 The bill modifies data reporting requirements for schools 9 under Code section 280.28 by requiring the board of directors 10 of a school district and the authorities in charge of each 11 nonpublic school to report certain additional information to 12 the department of education and the local community. 13 The bill requires school districts and accredited nonpublic 14 schools to establish notification procedures for incidents 15 of harassment or bullying. The procedures shall include 16 notification of the parent or guardian of any student directly 17 involved in any incident of harassment or bullying, upon 18 investigation and determination that harassment or bullying 19 has occurred, consistent with a notification plan made in 20 consultation with the student and school guidance staff. The 21 parents or guardians shall be informed of the district’s or 22 school’s procedures for responding to harassment or bullying 23 and action that school officials will take to prevent further 24 incidents of harassment or bullying. 25 The notification requirements in the bill shall not apply 26 if a school official reasonably believes notification would 27 subject a student to abuse, neglect, or other physical or 28 mental harm. Notification pursuant to the bill shall comply 29 with state and federal privacy laws, regulations, and rules. 30 The bill grants school officials the authority to 31 investigate and respond appropriately to an alleged incident 32 of harassment or bullying that occurs outside of school, 33 off of school property, or away from a school function 34 or school-sponsored activity. If an alleged incident of 35 -12- LSB 5993SV (3) 85 je/rj 12/ 13

S.F. 2318 harassment or bullying has an effect on school grounds that 1 creates an objectively hostile school environment that places 2 the student in reasonable fear of harm to the student’s 3 person or property; has a substantially detrimental effect 4 on the student’s physical or mental health; has the effect 5 of substantially interfering with a student’s academic 6 performance; or has the effect of substantially interfering 7 with the student’s ability to participate in or benefit from 8 the services, activities, or privileges provided by a school, 9 the bill requires a school official to investigate and respond 10 appropriately to the alleged incident. The school official’s 11 investigation and response may include referring the matter to 12 law enforcement officials or other appropriate authorities. 13 The bill permits the department of education to adopt rules 14 necessary to administer Code section 280.28 in a uniform way 15 across the state. 16 The bill requires the director of the department of 17 education to submit an annual report to the general assembly on 18 harassment and bullying in Iowa schools. 19 EFFECTIVE DATES. The provisions of the bill establishing 20 the office of support and analysis for safe schools, 21 establishing the school climate improvement grant program, 22 and making appropriations to the department of education take 23 effect upon enactment. 24 -13- LSB 5993SV (3) 85 je/rj 13/ 13