HF 2361 (LSB 6059YH (2) 87)

HOUSE FILE 2361

BY  HALL

A BILL FOR

An Act relating to state and school antiharassment and antibullying policies, providing for training for school personnel, establishing a bullying and violence prevention student mentoring pilot program, and providing for a school climate and bullying prevention work group.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.9, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  60.  Subject to an appropriation of funds by the general assembly, ensure each school district has access to adequate training on conducting investigations of complaints of incidents of harassment or bullying pursuant to section 280.28 by offering such training on an annual basis to at least one employee per district.
    Sec. 2.  NEW SECTION.  256.25  Bullying and violence prevention student mentoring pilot program.
   1.  Subject to an appropriation of funds by the general assembly, the department shall establish a student mentoring pilot program to explore how student leadership can help prevent bullying and violence in schools. The program shall promote best practices for bullying and violence prevention for middle and high school students.
   2.  The department shall establish the program in at least two middle schools and two high schools in the state. The selected schools shall include both urban and rural schools.
   3.  The department shall establish criteria for the selection of participating schools and evaluation of the program.
    Sec. 3.  Section 280.28, subsection 2, paragraphs a and c, Code 2018, are amended to read as follows:
   a.  “Electronic” means any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications including social networking sites, pager service, cell phones, and electronic text messaging, or any other electronic communication site, device, or means.
   c.  “Trait or characteristic of the student” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status, behavior, or any other distinguishing characteristic. This paragraph shall be construed broadly to achieve the purposes of this section.
    Sec. 4.  Section 280.28, subsection 3, Code 2018, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  h.  A procedure for the notification as soon as practicable of the parents or guardians of the alleged targeted students and perpetrators in a reported incident of harassment or bullying. The procedure shall include an exception to the notification requirement if a school official or a student whose parent or guardian would otherwise be notified reasonably believes notification would subject the student to rejection, abuse, or neglect.
    Sec. 5.  Section 280.28, Code 2018, is amended by adding the following new subsections:
   NEW SUBSECTION.  9.  Authority off school grounds.
   a.  A school official may investigate and impose school discipline in a founded case of harassment or bullying that occurs outside of school, off of school property, or away from a school function or school-sponsored activity if all of the following apply:
   (1)  An incident of harassment or bullying is reported pursuant to the school’s policy adopted under subsection 3, paragraph “e”.
   (2)  The alleged incident of harassment or bullying has an effect on a student on school grounds that creates an objectively hostile school environment that meets one or more of the conditions set out under subsection 2, paragraph “b”.
   b.  A school official’s investigation and response to an alleged incident of bullying or harassment that occurs outside of school, off of school property, or away from a school function or school-sponsored activity may include referring the matter to appropriate community-based agencies including but not limited to social services agencies, law enforcement agencies, and nonprofit organizations.
   NEW SUBSECTION.  10.  Rule of construction.  This section shall not be construed to diminish a school administrator’s discretion to impose discipline or take other action in the case of an unfounded incident of harassment or bullying if a student’s behavior otherwise constitutes student misconduct based on other grounds.
    Sec. 6.  SCHOOL CLIMATE AND BULLYING PREVENTION WORK GROUP.
   1.  The department of education shall convene a public-private work group of representatives of state and local agencies, citizens, community groups, and organizations who have experience and expertise in the areas of antibullying education, research, and training. The work group, after reviewing existing research, data, and strategies, shall provide recommendations to the department regarding best practices, training, resources, additional research needs, data collection, changes to state law and administrative rules, and any other matters to enhance statewide school climate improvement and bullying prevention, awareness, and intervention.
   2.  The membership of the work group shall include but not be limited to the following, to be appointed by the director of the department of education:
   a.  At least three Iowans who are experts in research-based antibullying curricula or programs.
   b.  A public or nonpublic high school student.
   c.  A parent of a student enrolled in a public elementary or secondary school on a full-time basis.
   d.  A parent of a student enrolled in a nonpublic elementary or secondary school on a full-time basis.
   e.  A member from nominees submitted by the school administrators of Iowa.
   f.  A member from nominees submitted by the Iowa association of school boards.
   g.  A member from nominees submitted by the Iowa state education association.
   h.  Representatives from any organizations representing other relevant public or nonpublic school professionals.
   i.  A representative from a statewide organization that provides research-based training on bullying for school professionals.
   j.  A representative from at least one statewide organization with at least five years’ experience in advocating on bullying prevention based on research-based best practices.
   k.  A representative for children placed in foster care.
   l.  A representative of school counselors.
   m.  A member from nominees submitted by the Iowa parent teacher association.
   3.  When making appointments to the work group, the director shall ensure that public, nonpublic, urban, and rural schools are adequately represented by the membership of the work group.
   4.  The work group shall also include two ex officio members of each house of the general assembly. One member each shall be selected by the majority leader of the senate and by the minority leader of the senate, and one member each shall be selected by the speaker of the house of representatives and by the minority leader of the house of representatives. Members of the general assembly shall serve for terms as provided in section 69.16B and shall be entitled to receive per diem and necessary travel and actual expenses pursuant to section 2.10, subsection 5, while carrying out their official duties as members of the work group.
   5.  The department shall convene the work group by October 1, 2018. The work group shall submit its findings and recommendations in a final report to the department and the chairpersons and ranking members of the senate and house committees on education by December 28, 2018.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires the director of the department of education, subject to an appropriation of funds by the general assembly, to ensure that each school district has access to adequate training on conducting investigations of complaints of incidents of harassment or bullying pursuant to Code section 280.28, the state law relating to school antiharassment and antibullying policies, by offering such training on an annual basis to at least one employee per district.
   The bill requires the department of education, subject to an appropriation of funds by the general assembly, to establish a student mentoring pilot program to explore how student leadership can help prevent bullying and violence in schools. The program shall promote best practices for bullying and violence prevention for middle and high school students. The department must establish the program in at least two middle schools and two high schools, which shall include both urban and rural schools. The department must establish criteria for selection of participating schools and evaluation of the program.
   The bill modifies the definition of “electronic” under Code section 280.28 by adding any other electronic communication site, device, or means to the definition and by including social networking sites as part of the term “internet-based communications”.
   Under Code section 280.28, subsection 2, “harassment” and “bullying” shall be construed to mean any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of certain conditions. The bill modifies the definition of “harassment” and “bullying” under Code section 280.28 by adding behavior or any other distinguishing characteristic to the definition. The bill provides that the definition of “harassment” and “bullying” is to be construed broadly to achieve the purposes of the law.
   The bill requires school antiharassment and antibullying policies to include a procedure for the notification as soon as practicable of the parents or guardians of the alleged targeted students and perpetrators in a reported incident of harassment or bullying. The procedure must include an exception to the notification requirement if a school official or a student whose parent or guardian would otherwise be notified reasonably believes notification would subject the targeted student to rejection, abuse, or neglect.
   The bill grants school officials the authority to investigate and impose school discipline or take other action in cases of alleged incidents of harassment or bullying that occur outside of school, off of school property, or away from school functions or school-sponsored activities if certain conditions are met. Those conditions are that an incident of harassment or bullying is reported pursuant to the school’s antiharassment and antibullying policy; and that the alleged incident of harassment or bullying has an effect on school grounds that creates an objectively hostile school environment that places the student in reasonable fear of harm to the student’s person or property; has a substantially detrimental effect on the student’s physical or mental health; has the effect of substantially interfering with a student’s academic performance; or has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
   The bill provides that a school official’s investigation and response to an alleged incident of bullying or harassment that occurs outside of school, off of school property, or away from a school function or school-sponsored activity may include referring the matter to appropriate community-based agencies.
   The bill provides that Code section 280.28 shall not be construed to diminish a school administrator’s discretion to impose discipline or take other action in the case of an unfounded incident of harassment or bullying if a student’s behavior otherwise constitutes student misconduct based on other grounds.
   The bill requires the department of education to convene a public-private work group of representatives of state and local agencies, citizens, community groups, and organizations who have experience and expertise in the areas of antibullying education, research, and training. The work group, after reviewing existing research, data, and strategies, shall provide recommendations to the department regarding matters to enhance statewide school climate improvement and bullying prevention, awareness, and intervention. The bill provides for membership of the work group to be appointed by the director of the department. When making appointments to the work group, the director must ensure that public, nonpublic, urban, and rural schools are adequately represented by the membership of the work group. The work group shall also include ex officio legislative members. The department must convene the work group by October 1, 2018. The work group must submit its findings and recommendations in a final report to the department and the chairpersons and ranking members of the senate and house committees on education by December 28, 2018.