Senate Study Bill 3149 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON QUIRMBACH) A BILL FOR An Act relating to state and school antiharassment and 1 antibullying policies, establishing an office of harassment 2 and bullying prevention and response, establishing a school 3 climate improvement grant program, providing for training on 4 harassment and bullying prevention and response, and making 5 appropriations. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5993XC (10) 85 je/rj

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

S.F. _____ department of human services for the joint employment of 1 personnel to carry out its duties. The office shall coordinate 2 with the safe school certification coalition in carrying out 3 its duties. 4 3. The office shall: 5 a. Assist schools in this state in implementation of section 6 280.28 with fidelity, using research-based best practices. 7 b. Develop or approve qualified training programs for 8 training required by section 272.2, subsection 19. 9 c. Coordinate with area education agencies to ensure that 10 training required by section 272.2, subsection 19, is available 11 to every school in this state. 12 d. Provide assistance to school employees responsible 13 for conducting investigations of complaints of incidents of 14 harassment or bullying to ensure compliance with section 15 280.28. 16 e. Administer the school climate improvement grant program 17 established by section 256.101. 18 f. Have access to, compare, and analyze harassment and 19 bullying incidence data reported by school districts and 20 accredited nonpublic schools pursuant to section 280.28, 21 subsection 7, and response data from the Iowa youth survey 22 conducted by the department of public health. If the 23 office determines that a significant discrepancy relating 24 to harassment or bullying exists between the two data sets 25 provided by a school district or school, the office shall 26 provide technical assistance to such school district or school 27 regarding compliance with section 280.28. Technical assistance 28 may include but is not limited to additional training for 29 school employees and additional efforts to educate students and 30 parents or guardians regarding the provisions of section 280.28 31 and how and where incidents of harassment and bullying may be 32 reported. 33 g. Coordinate with the department of public health and 34 other public and private agencies and organizations in the 35 -2- LSB 5993XC (10) 85 je/rj 2/ 13

S.F. _____ administration of the your life Iowa initiative that provides 1 assistance relating to bullying and suicide prevention. 2 Contacts with the initiative relating to possible harassment or 3 bullying shall be shared with the office, which shall assist 4 the initiative in responding to such contacts. 5 Sec. 5. NEW SECTION . 256.101 School climate improvement 6 grant program. 7 1. A school climate improvement grant program is 8 established in the department to provide funds to school 9 districts and accredited nonpublic schools to promote 10 sustaining safe and supportive learning environments in this 11 state. The program shall be administered by the office of 12 harassment and bullying prevention and response established by 13 section 256.100. 14 2. The office shall award funds from the program to schools 15 on a competitive grant basis. Awards shall be consistent with 16 the following goals of the program: 17 a. To implement section 280.28 with fidelity, using 18 research-based best practices. 19 b. To assist schools in reducing unnecessary student 20 disciplinary actions and promote a climate of greater 21 productivity, safety, and learning. 22 c. To assist schools in the professional development of 23 staff in research-based violence prevention programs and 24 classroom management programs. 25 d. To assist schools in enhancing and coordinating 26 antiviolence efforts between schools, professional, parental, 27 governmental, law enforcement, and community organizations and 28 associations. 29 3. Grants from the program may be used to fund school 30 programs or activities including but not limited to the 31 following: 32 a. Staff training or other efforts to implement section 33 280.28. 34 b. Assessment of compliance with section 280.28. 35 -3- LSB 5993XC (10) 85 je/rj 3/ 13

S.F. _____ c. Conflict resolution or dispute management including 1 restorative justice strategies. 2 d. Peer helpers or peer mediation programs. 3 e. School-wide positive behavior support. 4 f. School-based diversion programs. 5 g. Classroom management. 6 h. Research-based violence prevention programs that address 7 risk factors to reduce incidents of problem behaviors among 8 students including antiharassment and antibullying programs. 9 i. Staff training in the use of positive behavior supports, 10 de-escalation techniques, and appropriate responses to student 11 behavior that may require immediate intervention. 12 j. Safety and security training and resources that enhance 13 the overall safety and security of staff and students. 14 4. The office shall give priority in grant awards to the 15 following applicants: 16 a. Applicants that provide a commitment of additional funds 17 from public or private sources for the programs or activities 18 for which a grant is sought. 19 b. Applicants coordinating with the safe school 20 certification coalition on the programs or activities for which 21 a grant is sought. 22 5. The office shall pursue additional funding from public 23 and private sources to support the program. 24 6. The department shall adopt rules to administer the 25 program, including but not limited to an application process 26 and grant award criteria. 27 Sec. 6. Section 272.1, Code 2014, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 4A. “Harassment” and “bullying” mean the 30 same as defined in section 280.28. 31 Sec. 7. Section 272.2, Code 2014, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 19. a. Adopt rules requiring all 34 individuals applying for or renewing a license, certificate, 35 -4- LSB 5993XC (10) 85 je/rj 4/ 13

S.F. _____ authorization, or statement of recognition issued by the 1 board who have direct and consistent contact with students 2 to complete training approved by the office of harassment 3 and bullying prevention and response established by section 4 256.100, on harassment and bullying prevention and response. 5 b. Adopt rules requiring all individuals applying for or 6 renewing a license, certificate, authorization, or statement 7 of recognition issued by the board who are responsible for 8 conducting investigations of complaints of incidents of 9 harassment or bullying to complete training approved by the 10 office of harassment and bullying prevention and response 11 established by section 256.100, on the provisions of section 12 280.28, conducting impartial investigations with transparency, 13 collecting evidence, following up on previous investigations, 14 and reporting founded and unfounded incidents of harassment and 15 bullying to the department. 16 c. Adopt rules requiring all individuals applying for or 17 renewing an administrator license to complete training approved 18 by the office of harassment and bullying prevention and 19 response established by section 256.100, on implementation of 20 school-wide policies and procedures for harassment and bullying 21 identification, reporting, response, and prevention. 22 d. Adopt rules, in the board’s discretion, providing for 23 waiver or suspension of the training requirements of this 24 subsection, if the waiver or suspension is in the public 25 interest, applicable to a person who is engaged in active duty 26 in the military service of this state or of the United States, 27 to a person for whom compliance with the training requirements 28 would impose a significant hardship, or to a person who is 29 practicing a teaching profession outside this state or is 30 otherwise subject to circumstances that would preclude the 31 person from encountering harassment or bullying in this state. 32 Sec. 8. Section 280.28, subsection 2, paragraph a, Code 33 2014, is amended to read as follows: 34 a. “Electronic” means any communication involving the 35 -5- LSB 5993XC (10) 85 je/rj 5/ 13

S.F. _____ transmission of information by wire, radio, optical cable, 1 electromagnetic, or other similar means. “Electronic” includes 2 but is not limited to communication via electronic mail, 3 internet-based communications including social networking sites 4 and applications , pager service, cell phones, and electronic 5 text messaging. 6 Sec. 9. Section 280.28, subsection 3, Code 2014, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . h. A procedure for documenting the actions 9 taken by the school to investigate and respond to harassment 10 or bullying. 11 Sec. 10. Section 280.28, subsection 7, Code 2014, is amended 12 to read as follows: 13 7. Integration of policy and reporting. The board of 14 directors of a school district and the authorities in charge of 15 each nonpublic school shall integrate its antiharassment and 16 antibullying policy into the comprehensive school improvement 17 plan required under section 256.7, subsection 21 , and shall 18 report data collected under subsection 6 , as specified by the 19 following to the department , to and the local community . : 20 a. Data collected under subsection 6, as specified by the 21 department. 22 b. The process used for filing complaints, including the 23 location of online or other complaint forms. 24 c. Antiharassment and antibullying training completed by 25 school employees, volunteers, and students during each school 26 year. 27 Sec. 11. Section 280.28, Code 2014, is amended by adding the 28 following new subsections: 29 NEW SUBSECTION . 9. Parental notification. 30 a. Each school district and accredited nonpublic school 31 shall establish notification procedures for incidents of 32 harassment or bullying in accordance with this subsection. 33 Each school district and accredited nonpublic school shall 34 designate a school official with relevant training or 35 -6- LSB 5993XC (10) 85 je/rj 6/ 13

S.F. _____ experience who shall be responsible for such notifications. 1 Upon investigation and determination that an incident of 2 harassment or bullying has occurred, the designated school 3 official shall promptly notify the parents or guardians of 4 all students directly involved in the reported incident. The 5 parents or guardians shall be informed of the district’s or 6 school’s procedures for responding to harassment or bullying 7 and action that school officials will take to prevent further 8 incidents of harassment or bullying. Notification shall be 9 provided in the primary language spoken at each student’s 10 home. This paragraph does not prohibit a school official from 11 contacting a parent or guardian about a report of harassment or 12 bullying prior to a determination that harassment or bullying 13 has occurred. 14 b. Before the parents or guardians of a student are notified 15 pursuant to this subsection, the designated school official, 16 a school guidance counselor if the designated school official 17 is not a guidance counselor, and the student shall develop 18 a notification plan that provides for the content, process, 19 and method for the notification, informed by an assessment 20 of the impact of the notification on the student’s safety, 21 mental and physical health, and the home environment, and 22 includes relevant research and resources that may be offered 23 to support the student and the student’s parents or guardians. 24 To the extent possible, the notification shall focus on facts 25 regarding the student’s involvement and role in an incident 26 of harassment or bullying and on safety planning, not on 27 information relating to the actual or perceived trait or 28 characteristic of the student on which the incident was based, 29 if the student believes the student may be at risk of physical 30 or mental harm if such information is disclosed. 31 c. The requirements of this subsection shall not apply if a 32 school official reasonably believes notification would subject 33 a student to abuse, neglect, or other physical or mental harm. 34 d. Notification pursuant to this subsection shall comply 35 -7- LSB 5993XC (10) 85 je/rj 7/ 13

S.F. _____ with state and federal privacy laws, regulations, and rules. 1 NEW SUBSECTION . 10. Authority off school grounds. A school 2 official may investigate and impose school discipline or take 3 other action in the case of an alleged incident of harassment 4 or bullying that occurs outside of school, off of school 5 property, or away from a school function or school-sponsored 6 activity if the alleged incident of harassment or bullying has 7 an effect on school grounds that creates an objectively hostile 8 school environment that meets one or more of the conditions set 9 out under subsection 2, paragraph “b” . 10 NEW SUBSECTION . 11. Rulemaking authority. The department 11 of education may adopt rules necessary to administer this 12 section in a uniform way across the state. 13 Sec. 12. APPROPRIATIONS. There is appropriated from 14 the general fund of the state to the department of education 15 for the fiscal year beginning July 1, 2014, and ending June 16 30, 2015, the following amounts, or so much thereof as is 17 necessary, to be used for the purposes designated: 18 For the establishment and administration of the office of 19 harassment and bullying prevention and response, for carrying 20 out the duties of the office, including salaries, support, 21 maintenance, miscellaneous purposes, and for not more than the 22 following full-time equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00 25 For the provision of grants from the school climate 26 improvement grant program established in section 256.101: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 28 From the moneys appropriated to the office of harassment 29 and bullying prevention and response, $300,000 shall be used 30 to provide or facilitate the provision of training required by 31 section 272.2, subsection 19, at minimal cost to the trainee. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -8- LSB 5993XC (10) 85 je/rj 8/ 13

S.F. _____ This bill establishes the office of harassment and bullying 1 prevention and response in the department of education to 2 coordinate and implement the state’s efforts to prevent and 3 respond to harassment and bullying. 4 The office shall employ a harassment and bullying 5 investigation specialist. The office may enter into Code 6 chapter 28E agreements with the department of human rights and 7 the department of human services for the joint employment of 8 personnel. The office shall coordinate with the safe school 9 certification coalition in carrying out its duties. 10 The bill provides duties for the office. The office 11 shall assist public and nonpublic schools in this state in 12 implementation of Code section 280.28, the state antiharassment 13 and antibullying law, with fidelity, using research-based best 14 practices. The office shall develop or approve qualified 15 training programs for training of school employees and 16 administrators required by the bill and shall coordinate 17 with area education agencies to ensure that such training is 18 available to every school in Iowa. The office shall provide 19 assistance to school employees responsible for conducting 20 investigations of complaints of harassment or bullying to 21 ensure compliance with Code section 280.28. The office 22 shall administer the school climate improvement grant program 23 established by the bill. The office shall have access to, 24 compare, and analyze harassment and bullying incidence data 25 reported by school districts and accredited nonpublic schools 26 pursuant to Code section 280.28 and response data from the Iowa 27 youth survey conducted by the department of public health and 28 shall provide technical assistance if a significant discrepancy 29 occurs between the two data sets. The office shall coordinate 30 with the department of public health and other public and 31 private agencies and organizations in the administration of 32 the your life Iowa initiative. The initiative is administered 33 by the department of public health and provides assistance 34 relating to bullying and suicide prevention. 35 -9- LSB 5993XC (10) 85 je/rj 9/ 13

S.F. _____ The bill appropriates to the department of education for 1 fiscal year 2014-2015, $500,000 for the establishment and 2 administration of the office, for carrying out the duties of 3 the office, and for not more than three full-time equivalent 4 positions. From the moneys appropriated, $300,000 shall be 5 used to provide or facilitate the provision of training of 6 school employees and administrators required by the bill at 7 minimal cost to the trainee. 8 The bill establishes a school climate improvement grant 9 program in the department of education to provide funds to 10 school districts and accredited nonpublic schools to promote 11 sustaining safe and supportive learning environments in this 12 state. The program shall be administered by the office of 13 harassment and bullying prevention and response established by 14 the bill. 15 The office shall award funds from the program to schools on 16 a competitive grant basis. Awards shall be consistent with the 17 goals of the program. The goals are to implement Code section 18 280.28 with fidelity, using research-based best practices; to 19 assist schools in reducing unnecessary student disciplinary 20 actions and promote a climate of greater productivity, safety, 21 and learning; to assist schools in the professional development 22 of staff in research-based violence prevention programs 23 and classroom management programs; and to assist schools 24 in enhancing and coordinating antiviolence efforts between 25 schools, professional, parental, governmental, law enforcement, 26 and community organizations and associations. 27 Grants from the program may be used to fund school programs 28 or activities including but not limited to staff training or 29 other efforts to implement Code section 280.28; assessment of 30 compliance with Code section 280.28; conflict resolution or 31 dispute management including restorative justice strategies; 32 peer helpers or peer mediation programs; research-based 33 violence prevention programs; safety and security training and 34 resources that enhance the overall safety and security of staff 35 -10- LSB 5993XC (10) 85 je/rj 10/ 13

S.F. _____ and students; and certain other programs and activities. 1 The office shall give priority in grant awards to applicants 2 that provide a commitment of additional funds from public 3 or private sources for the programs or activities for which 4 a grant is sought and applicants coordinating with the safe 5 school certification coalition on the programs or activities 6 for which a grant is sought. 7 The department of education shall adopt rules to administer 8 the program. 9 The bill appropriates to the department for fiscal year 10 2014-2015, $500,000 to be used for grants from the program. 11 The bill requires the board of educational examiners to 12 adopt rules requiring all individuals applying for or renewing 13 a license, certificate, authorization, or statement of 14 recognition issued by the board who have direct and consistent 15 contact with students to complete training on harassment and 16 bullying prevention and response. 17 The bill requires the board to adopt rules requiring all 18 individuals applying for or renewing a license, certificate, 19 authorization, or statement of recognition issued by the board 20 who are responsible for conducting investigations of complaints 21 of incidents of harassment or bullying to complete training on 22 the provisions of Code section 280.28, conducting impartial 23 investigations with transparency, collecting evidence, 24 following up on previous investigations, and reporting founded 25 and unfounded incidents of harassment and bullying to the 26 department of education. 27 The bill requires the board to adopt rules requiring all 28 individuals applying for or renewing an administrator license 29 to complete training on implementation of school-wide policies 30 and procedures for harassment and bullying identification, 31 reporting, response, and prevention. 32 The bill permits the board to adopt rules providing for 33 waiver or suspension of the training requirements in the bill 34 under certain circumstances. 35 -11- LSB 5993XC (10) 85 je/rj 11/ 13

S.F. _____ The bill requires the board of education to adopt rules 1 incorporating the training requirements into the standards 2 for individual teacher professional development plans and 3 individual administrator professional development plans. 4 “Harassment” and “bullying” are defined in the bill to mean 5 the same as defined in Code section 280.28. 6 The bill modifies the definition of “electronic” under 7 Code section 280.28 by including social networking sites 8 and applications as part of the term “internet-based 9 communications”. 10 The bill requires state antiharassment and antibullying 11 policies to include a procedure for documenting the actions 12 taken by the school to investigate and respond to harassment 13 or bullying. 14 The bill modifies data reporting requirements for schools 15 under Code section 280.28 by requiring the board of directors 16 of a school district and the authorities in charge of each 17 nonpublic school to report certain additional information to 18 the department of education and the local community. 19 The bill requires school districts and accredited nonpublic 20 schools to establish notification procedures for incidents of 21 harassment or bullying. The bill requires each school district 22 and accredited nonpublic school to designate a school official 23 with relevant training or experience who shall be responsible 24 for such notifications. The bill requires the designated 25 school official to promptly notify the parents or guardians 26 of all students directly involved in a reported incident of 27 harassment or bullying, upon investigation and determination 28 that an incident has occurred. The parents or guardians shall 29 be informed of the district’s or school’s procedures for 30 responding to harassment or bullying and action that school 31 officials will take to prevent further incidents of harassment 32 or bullying. 33 Before the notification occurs, the bill requires the 34 designated school official, a school guidance counselor if the 35 -12- LSB 5993XC (10) 85 je/rj 12/ 13

S.F. _____ designated school official is not a guidance counselor, and 1 the student to develop a notification plan. To the extent 2 possible, the notification shall focus on facts regarding the 3 student’s involvement and role in an incident of harassment or 4 bullying and on safety planning, not on information relating to 5 the actual or perceived trait or characteristic of the student 6 on which the incident was based, if the student believes the 7 student may be at risk of physical or mental harm if such 8 information is disclosed. 9 The notification requirements in the bill shall not apply 10 if a school official reasonably believes notification would 11 subject a student to abuse, neglect, or other physical or 12 mental harm. Notification pursuant to the bill shall comply 13 with state and federal privacy laws, regulations, and rules. 14 The bill grants school officials the authority to 15 investigate and impose school discipline or take other action 16 in the case of an alleged incident of harassment or bullying 17 that occurs outside of school, off of school property, or 18 away from a school function or school-sponsored activity if 19 the alleged incident of harassment or bullying has an effect 20 on school grounds that creates an objectively hostile school 21 environment that places the student in reasonable fear of 22 harm to the student’s person or property; has a substantially 23 detrimental effect on the student’s physical or mental health; 24 has the effect of substantially interfering with a student’s 25 academic performance; or has the effect of substantially 26 interfering with the student’s ability to participate in or 27 benefit from the services, activities, or privileges provided 28 by a school. 29 The bill permits the department of education to adopt rules 30 necessary to administer Code section 280.28 in a uniform way 31 across the state. 32 The bill requires the director of the department of 33 education to submit an annual report to the general assembly on 34 harassment and bullying in Iowa schools. 35 -13- LSB 5993XC (10) 85 je/rj 13/ 13