S.F. 162 Section 1. Section 256.9, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 66. By January 1, 2016, update the 3 department’s policies relating to bullying and advise the 4 state board on any necessary updates to the department’s rules 5 adopted pursuant to chapter 17A relating to bullying. For 6 purposes of this subsection, “bullying” means the same as 7 defined in section 280.28, subsection 2. 8 Sec. 2. NEW SECTION . 256.100 School climate technical 9 assistance office. 10 1. For purposes of this section, “bullying” means the same 11 as defined in section 280.28, subsection 2. 12 2. A school climate technical assistance office is 13 established in the department to assist school districts and 14 accredited nonpublic schools in providing a safe and supportive 15 learning environment and foster academic achievement for all 16 students by focusing on prevention, intervention, support, and 17 recovery efforts to develop and maintain safe and supportive 18 schools. The office shall be responsible for coordination of 19 state and department efforts to facilitate positive school 20 climates in public and accredited nonpublic schools. The 21 office shall solicit input from social media experts in 22 implementing this section. 23 3. The office shall provide the following services: 24 a. Compiling and making available to schools evidence-based 25 practices and resources to develop and maintain safe and 26 supportive schools. 27 b. Establishing and maintaining a central repository for 28 collecting and analyzing information about bullying including 29 but not limited to: 30 (1) Training materials on strategies and techniques to 31 prevent and appropriately address bullying. 32 (2) Model programming to promote improving the school 33 climate and prevent bullying. 34 (3) Remedial responses to bullying consistent with section 35 -1- LSB 1509XS (8) 86 je/nh 1/ 13

S.F. 162 280.28. 1 (4) Other resources for improving the school climate and 2 preventing bullying. 3 c. Assisting schools to develop strategies and techniques 4 for effectively communicating with and engaging parents in 5 efforts to protect and deter students from bullying. 6 d. Reviewing, developing, and disseminating of 7 evidence-based policies relating to improving the school 8 climate and preventing bullying. 9 e. Single, point-of-contact services designed for schools, 10 parents, and students seeking information or other help 11 relating to improving the school climate and preventing 12 bullying. 13 f. Qualitative and quantitative data gathering, 14 interpretation, and dissemination of summary data for existing 15 reporting systems and student surveys and the identification 16 and pursuit of emerging trends and issues relating to improving 17 the school climate and preventing bullying. 18 g. Assisting schools in using student survey results to 19 inform intervention and prevention programs. 20 h. Education and skill building relating to improving the 21 school climate and preventing bullying. 22 i. Multisector and multiagency planning and advisory 23 activities incorporating best practices and research relating 24 to improving the school climate and preventing bullying. 25 Sec. 3. NEW SECTION . 256.101 School climate and bullying 26 advisory committee. 27 1. The school climate technical assistance office, at the 28 direction of the director, shall establish a school climate 29 and bullying advisory committee to enhance statewide school 30 climate and bullying prevention, awareness, and intervention 31 and provide the necessary resources for such efforts. 32 2. The advisory committee shall be a public-private 33 collaboration of initiatives across state and local agencies, 34 community groups, and organizations and shall have as voting 35 -2- LSB 1509XS (8) 86 je/nh 2/ 13

S.F. 162 members one representative of each of the following, appointed 1 by the director in consultation with the applicable entity or 2 group: 3 a. The department of human rights. 4 b. The state of Iowa youth advisory council. 5 c. The area education agency boards. 6 d. The Iowa state education association. 7 e. The school administrators of Iowa. 8 f. The Iowa association of school boards. 9 g. Iowa safe schools. 10 h. The Iowa school counselor association. 11 i. The Iowa chapter of the national association of social 12 workers. 13 j. The interfaith alliance of Iowa. 14 k. The American civil liberties union of Iowa. 15 l. Disability rights Iowa. 16 m. The international bullying prevention association. 17 n. The Olweus bullying prevention program of Iowa. 18 o. Positive behavior interventions and supports personnel. 19 p. A regents institution professor who has conducted 20 research focused on bullying prevention, intervention, and 21 evaluation. 22 q. The Iowa Catholic conference. 23 r. The Iowa association of Christian schools. 24 s. An Iowa mental health association. 25 t. A parent advocate. 26 3. In addition to the voting members, the advisory committee 27 membership shall include four members of the general assembly 28 with one member designated by each of the following: the 29 majority leader of the senate, the minority leader of the 30 senate, the speaker of the house of representatives, and the 31 minority leader of the house of representatives. A legislative 32 member serves for a term as provided in section 69.16B in an ex 33 officio, nonvoting capacity. 34 4. The advisory committee shall provide research and make 35 -3- LSB 1509XS (8) 86 je/nh 3/ 13

S.F. 162 recommendations to school districts and accredited nonpublic 1 schools regarding best practices to improve school climate and 2 enhance bullying prevention, awareness, and intervention. 3 5. The advisory committee shall provide research and make 4 recommendations to the state board regarding proposed rules 5 pursuant to chapter 17A to administer section 280.28. 6 6. The advisory committee shall submit a report to the 7 general assembly every two years beginning January 1, 2016, 8 regarding school climate and bullying prevention. The report 9 shall include an assessment of data reported from schools, 10 recommended training for administrators and school employees, 11 and policy recommendations to improve school climate in this 12 state. 13 7. Members of the council shall receive actual and necessary 14 expenses incurred while attending any meeting of the council 15 and may also be eligible to receive compensation as provided in 16 section 7E.6. All expense moneys paid to the nonlegislative 17 members shall be paid from funds appropriated to the division. 18 Legislative members shall receive compensation as provided in 19 sections 2.10 and 2.12. 20 8. Vacancies in the membership of the committee shall be 21 filled in the manner of the original appointments. 22 Sec. 4. Section 280.12, subsection 2, paragraph f, Code 23 2015, is amended to read as follows: 24 f. Harassment or bullying Bullying prevention goals, 25 programs, training, and other initiatives. 26 Sec. 5. Section 280.28, Code 2015, is amended to read as 27 follows: 28 280.28 Harassment and bullying Bullying prohibited —— policy 29 —— immunity. 30 1. Purpose —— findings —— policy. The state of Iowa is 31 committed to providing all students with a safe and civil 32 school environment in which all members of the school community 33 are treated with dignity and respect. The general assembly 34 finds that a safe and civil school environment is necessary 35 -4- LSB 1509XS (8) 86 je/nh 4/ 13

S.F. 162 for students to learn and achieve at high academic levels. 1 Harassing and bullying Bullying behavior can seriously disrupt 2 the ability of school employees to maintain a safe and civil 3 environment, and the ability of students to learn and succeed. 4 Therefore, it is the policy of the state of Iowa that school 5 employees, volunteers, and students in Iowa schools shall not 6 engage in harassing or bullying behavior. 7 2. Definitions. For purposes of this section , unless the 8 context otherwise requires: 9 a. (1) “Bullying ” means any unwanted aggressive behavior 10 toward another student who is not a sibling, which involves 11 an observed or perceived power imbalance, which is repeated 12 or is likely to be repeated, which is based on any actual 13 or perceived trait or characteristic of the student or any 14 other reason, and which meets one or more of the following 15 conditions: 16 (a) Places the student in reasonable fear of harm to the 17 student’s person or property. 18 (b) Has a substantially detrimental effect on the student’s 19 physical or mental health. 20 (c) Has the effect of materially or substantially 21 interfering with a student’s educational opportunities or 22 education performance or ability to participate in school 23 functions or activities or receive school benefits, services, 24 or privileges. 25 (2) “Bullying” may include but is not limited to making 26 threats, spreading rumors, attacking a student physically or 27 verbally, or intentionally excluding a student from a group. 28 a. b. “Electronic” means any communication involving the 29 transmission of information by wire, radio, optical cable, 30 electromagnetic, or other similar means. “Electronic” includes 31 but is not limited to communication via electronic mail, 32 internet-based communications including social networking 33 sites , pager service, cell phones, and electronic text 34 messaging , or any other electronic communication site, device, 35 -5- LSB 1509XS (8) 86 je/nh 5/ 13

S.F. 162 or means . 1 b. “Harassment” and “bullying” shall be construed to mean 2 any electronic, written, verbal, or physical act or conduct 3 toward a student which is based on any actual or perceived 4 trait or characteristic of the student and which creates an 5 objectively hostile school environment that meets one or more 6 of the following conditions: 7 (1) Places the student in reasonable fear of harm to the 8 student’s person or property. 9 (2) Has a substantially detrimental effect on the student’s 10 physical or mental health. 11 (3) Has the effect of substantially interfering with a 12 student’s academic performance. 13 (4) Has the effect of substantially interfering with 14 the student’s ability to participate in or benefit from the 15 services, activities, or privileges provided by a school. 16 c. “Power imbalance” means the use of power, including 17 but not limited to physical strength, access to embarrassing 18 information, or social popularity, to control or harm another 19 student. A power imbalance between students may change over 20 time and in different situations. 21 c. d. “Trait or characteristic of the student” includes but 22 is not limited to age, color, creed, national origin, race, 23 religion, marital status, sex, sexual orientation, gender 24 identity, physical attributes, physical or mental ability or 25 disability, ancestry, political party preference, political 26 belief, socioeconomic status, or familial status. 27 d. e. “Volunteer” means an individual who has regular, 28 significant contact with students. 29 3. Policy. On or before September 1, 2007, the board of 30 directors of a school district and the authorities in charge of 31 each accredited nonpublic school shall adopt a policy declaring 32 harassment and bullying in schools, on school property, and at 33 any school function, or school-sponsored activity regardless 34 of its location, in a manner consistent with this section , as 35 -6- LSB 1509XS (8) 86 je/nh 6/ 13

S.F. 162 against state and school policy. The board and the authorities 1 shall update the policy on or before January 1, 2016. The 2 board and the authorities shall make a copy of the policy 3 available to all school employees, volunteers, students, and 4 parents or guardians and shall take all appropriate steps 5 to bring the policy against harassment and bullying and the 6 responsibilities set forth in the policy to the attention 7 of school employees, volunteers, students, and parents or 8 guardians. Each policy shall, at a minimum, include all of the 9 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 and 16 bullying behavior. 17 (2) School employees, volunteers, and students shall not 18 engage in reprisal, retaliation, or false accusation against a 19 victim, witness, or an individual who has reliable information 20 about such an act of harassment or bullying. 21 b. A definition of harassment and bullying as set forth in 22 this section . 23 c. A description of the type of behavior expected from 24 school employees, volunteers, parents or guardians, and 25 students relative to prevention measures, reporting, and 26 investigation of harassment or bullying. 27 d. The consequences and appropriate remedial action for a 28 person who violates the antiharassment and antibullying policy. 29 e. A procedure for reporting a school employee, volunteer, 30 student, parent or guardian, or any other person to report an 31 act of harassment or bullying, including the identification 32 by job title of the school official responsible for ensuring 33 that the policy is implemented, and the identification of the 34 person or persons responsible for receiving and investigating 35 -7- LSB 1509XS (8) 86 je/nh 7/ 13

S.F. 162 reports of harassment or bullying. The procedure shall include 1 a process to submit a report anonymously and with protection 2 from retaliation. 3 f. A requirement that a school employee report in a timely 4 and responsive manner any act of bullying that the school 5 employee witnesses or is aware of to the school official 6 responsible for receiving reports of bullying. 7 f. g. A procedure for the prompt investigation of 8 complaints, either identifying the school superintendent or 9 the superintendent’s designee as the individual responsible 10 for conducting the investigation, including a statement that 11 investigators will consider the totality of circumstances 12 presented in determining whether conduct objectively 13 constitutes harassment or bullying under this section . 14 g. h. A statement of the manner in which the policy will 15 be publicized. 16 4. Programs encouraged. The board of directors of a school 17 district and the authorities in charge of each accredited 18 nonpublic school are encouraged to establish programs designed 19 to eliminate harassment and bullying in schools. To the extent 20 that funds are available for these purposes, school districts 21 and accredited nonpublic schools shall do the following: 22 a. Provide training on antiharassment and antibullying 23 policies to school employees and volunteers who have 24 significant contact with students. 25 b. Develop a process to provide school employees, 26 volunteers, and students with the skills and knowledge , based 27 on research-based best practices, to help reduce incidents of 28 harassment and bullying. Such training shall include but not 29 be limited to training based on the needs identified by the 30 data analysis and survey required by subsection 6. 31 5. Immunity. A school employee, volunteer, or student, or 32 a student’s parent or guardian who promptly, reasonably, and in 33 good faith reports an incident of harassment or bullying, in 34 compliance with the procedures in the policy adopted pursuant 35 -8- LSB 1509XS (8) 86 je/nh 8/ 13

S.F. 162 to this section , to the appropriate school official designated 1 by the school district or accredited nonpublic school, shall 2 be immune from civil or criminal liability relating to such 3 report and to participation in any administrative or judicial 4 proceeding resulting from or relating to the report. 5 6. Collection requirement. The board of directors of 6 a school district and the authorities in charge of each 7 nonpublic school shall develop and maintain a system to collect 8 harassment and bullying incidence data. The board and the 9 authorities shall analyze the data and shall survey school 10 employees, volunteers, students, and parents or guardians to 11 identify professional development and training needs relating 12 to the school’s antibullying policy. 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 department, to the local community. 20 8. Authority on and off school grounds. Each school district 21 and accredited nonpublic school shall have the authority and 22 responsibility to impose reasonable and educationally based 23 discipline, consistent with a student’s constitutional rights, 24 for bullying that occurs on or is perceived on school property 25 or occurs at a school-sponsored activity or event on or off 26 school property, or occurs off school property or outside of a 27 school-sponsored activity or event if the behavior meets one of 28 more of the following conditions: 29 a. Interferes with a student’s educational opportunities. 30 b. Creates a hostile environment for a student. 31 c. Substantially disrupts the orderly operations of the 32 school or a school-sponsored activity or event. 33 8. 9. Existing remedies not affected. This section 34 shall not be construed to preclude a victim from seeking 35 -9- LSB 1509XS (8) 86 je/nh 9/ 13

S.F. 162 administrative or legal remedies under any applicable provision 1 of law. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill establishes a school climate technical assistance 6 office in the state department of education. The office shall 7 assist school districts and accredited nonpublic schools in 8 providing a safe and supportive learning environment and 9 fostering academic achievement for all students by focusing 10 on prevention, intervention, support, and recovery efforts to 11 develop and maintain safe and supportive schools. The office 12 shall be responsible for coordination of state and department 13 efforts to facilitate positive school climates in public and 14 accredited nonpublic schools. The office shall solicit input 15 from social media experts in implementing the bill. 16 The bill provides duties of the office, including compiling 17 and making available to schools evidence-based practices 18 and resources to develop and maintain safe and supportive 19 schools, establishing and maintaining a central repository 20 for collecting and analyzing information about bullying, and 21 assisting schools to develop strategies and techniques for 22 effectively communicating with and engaging parents in efforts 23 to protect and deter students from bullying. 24 The bill directs the school climate technical assistance 25 office, at the direction of the director of the department 26 of education, to establish a school climate and bullying 27 advisory committee. The advisory committee shall enhance 28 statewide school climate and bullying prevention, awareness, 29 and intervention and provide the necessary resources for such 30 efforts. The advisory committee shall be a public-private 31 collaboration of initiatives across state and local agencies, 32 community groups, and organizations. The bill provides for 33 the voting membership of the committee and for nonvoting 34 legislative members. 35 -10- LSB 1509XS (8) 86 je/nh 10/ 13

S.F. 162 The advisory committee shall provide research and make 1 recommendations to school districts and accredited nonpublic 2 schools regarding best practices to improve school climate 3 and enhance bullying prevention, awareness, and intervention. 4 The advisory committee shall provide research and make 5 recommendations to the state board of education regarding 6 proposed administrative rules to administer the state 7 antibullying law. The advisory committee shall submit a 8 biennial report to the general assembly beginning January 1, 9 2016, regarding school climate and bullying prevention. 10 The bill requires the director of the department of 11 education to update the department’s policies relating to 12 bullying and advise the state board of education on any 13 necessary updates to the department’s administrative rules 14 relating to bullying. 15 The bill makes various changes to Code section 280.28, the 16 state antibullying law. 17 The bill strikes the current definition of “harassment” and 18 “bullying” and provides instead a definition of “bullying”. 19 The bill strikes references to harassment in Code section 20 280.28. The bill defines bullying as any unwanted aggressive 21 behavior toward another student who is not a sibling, which 22 involves an observed or perceived power imbalance, which is 23 repeated or is likely to be repeated, which is based on any 24 actual or perceived trait or characteristic of the student 25 or any other reason, and which meets one or more of certain 26 conditions. The bill specifies that bullying may include but 27 is not limited to making threats, spreading rumors, attacking 28 a student physically or verbally, or intentionally excluding 29 a student from a group. The bill defines “power imbalance” 30 as the use of power, including but not limited to physical 31 strength, access to embarrassing information, or social 32 popularity, to control or harm another student. The bill 33 specifies that a power imbalance between students may change 34 over time and in different situations. 35 -11- LSB 1509XS (8) 86 je/nh 11/ 13

S.F. 162 The bill modifies the definition of “electronic” by adding 1 any other electronic communication site, device, or means to 2 the definition and by including social networking sites as part 3 of the term “internet-based communications”. 4 The bill requires the board of directors of a school district 5 and the authorities in charge of each accredited nonpublic 6 school to update the district’s or school’s antibullying policy 7 on or before January 1, 2016. 8 The bill requires such policies to include a procedure for 9 a school employee, volunteer, student, parent or guardian, 10 or any other person to report an act of bullying, including 11 the identification by job title of the school official 12 responsible for ensuring that the policy is implemented, and 13 the identification of the person or persons responsible for 14 receiving and investigating reports of bullying. The procedure 15 must include a process to submit a report anonymously and with 16 protection from retaliation. 17 The bill requires that such policies include a requirement 18 that a school employee report in a timely and responsive manner 19 any act of bullying that the school employee witnesses or is 20 aware of to the school official responsible for receiving 21 reports of bullying. 22 The bill requires school districts and accredited nonpublic 23 schools, to the extent that funds are available, to develop a 24 process to provide school employees, volunteers, and students 25 with the skills and knowledge, based on research-based best 26 practices, to help reduce incidents of bullying. Such training 27 shall include but not be limited to training based on the needs 28 identified by the data analysis and survey required by Code 29 section 280.28, subsection 6. 30 Current law requires the board of directors of a school 31 district and the authorities in charge of each nonpublic school 32 to develop and maintain a system to collect bullying incidence 33 data. The bill requires the board and the authorities to 34 analyze the data and to survey school employees, volunteers, 35 -12- LSB 1509XS (8) 86 je/nh 12/ 13

S.F. 162 students, and parents or guardians to identify professional 1 development and training needs relating to the school’s 2 antibullying policy. 3 The bill provides that each school district and accredited 4 nonpublic school shall have the authority and responsibility 5 to impose reasonable and educationally based discipline, 6 consistent with a student’s constitutional rights, for bullying 7 that occurs on or is perceived on school property or occurs at 8 a school-sponsored activity or event on or off school property, 9 or occurs off school property or outside of a school-sponsored 10 activity or event if the behavior meets one or more of certain 11 conditions. 12 -13- LSB 1509XS (8) 86 je/nh 13/ 13