Senate File 390 - Introduced SENATE FILE 390 BY QUIRMBACH A BILL FOR An Act relating to state and school antiharassment and 1 antibullying policies, providing for training for school 2 personnel, establishing a bullying and violence prevention 3 student mentoring pilot program and a school climate 4 improvement grant program, providing for a school climate 5 and bullying work group, and making an appropriation. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1503XS (4) 87 je/nh

S.F. 390 Section 1. Section 256.9, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 61. Subject to an appropriation of funds by 3 the general assembly, ensure each school district has access to 4 adequate training on conducting investigations of complaints of 5 incidents of harassment or bullying pursuant to section 280.28 6 by offering such training on an annual basis to at least one 7 employee per district. 8 Sec. 2. NEW SECTION . 256.25 Bullying and violence 9 prevention student mentoring pilot program. 10 1. Subject to an appropriation of funds by the general 11 assembly, the department shall establish a student mentoring 12 pilot program to explore how student leadership can help 13 prevent bullying and violence in schools. The program shall 14 promote best practices for bullying and violence prevention for 15 middle and high school students. 16 2. The department shall establish the program in at least 17 two middle schools and two high schools in the state. The 18 selected schools shall include both urban and rural schools. 19 3. The department shall establish criteria for the 20 selection of participating schools and evaluation of the 21 program. 22 Sec. 3. NEW SECTION . 256.101 School climate improvement 23 grant program. 24 1. For purposes of this section, “harassment” and “bullying” 25 mean the same as defined in section 280.28. 26 2. A school climate improvement grant program is 27 established in the department to build upon previous state 28 efforts to promote school safety, including the Iowa safe and 29 supportive schools grant and program, by providing funds to 30 school districts and accredited nonpublic schools to maintain, 31 improve, and promote safe and supportive learning environments 32 in this state. 33 3. The department shall award funds from the program 34 to schools on a competitive grant basis. Awards shall be 35 -1- LSB 1503XS (4) 87 je/nh 1/ 10

S.F. 390 consistent with the following goals of the program: 1 a. To utilize research-based and outcome-based best 2 practices in implementing antiharassment and antibullying 3 efforts. 4 b. To assist schools to promote a climate of greater 5 productivity, safety, and learning. 6 c. To assist schools in the professional development of 7 staff in research-based and outcome-based best practices to 8 implement school safety programs and classroom management 9 programs. 10 d. To assist schools in enhancing and coordinating 11 antiviolence efforts between schools, professional, parental, 12 governmental, law enforcement, and community organizations and 13 associations. 14 4. Grants from the program may be used to fund school 15 programs or activities including but not limited to the 16 following: 17 a. Qualified staff training to implement section 280.28. 18 b. Technical assistance for improved classroom management. 19 c. School safety programs that incorporate research-based 20 and outcome-based best practices that are intended to address 21 risk factors to reduce incidents of problem behaviors among 22 students including antiharassment and antibullying programs. 23 d. Mental health demonstration projects. 24 e. Safety training and resources that enhance the overall 25 safety of students and staff. 26 5. The department shall give priority in grant awards to the 27 following applicants: 28 a. Applicants that utilize data to demonstrate need based on 29 the number or severity of incidents of harassment or bullying 30 the applicants have experienced or other data that indicate 31 need. 32 b. Applicants that provide a commitment of additional funds 33 from public or private sources for the programs or activities 34 for which a grant is sought. 35 -2- LSB 1503XS (4) 87 je/nh 2/ 10

S.F. 390 6. The department shall pursue additional funding from 1 public and private sources to support the program. 2 7. The department shall adopt rules pursuant to chapter 3 17A to administer the program, including but not limited to an 4 application process and grant award criteria. 5 Sec. 4. Section 280.28, subsection 2, paragraphs a and c, 6 Code 2017, are amended to read as follows: 7 a. “Electronic” means any communication involving the 8 transmission of information by wire, radio, optical cable, 9 electromagnetic, or other similar means. “Electronic” includes 10 but is not limited to communication via electronic mail, 11 internet-based communications including social networking 12 sites , pager service, cell phones, and electronic text 13 messaging , or any other electronic communication site, device, 14 or means . 15 c. “Trait or characteristic of the student” includes but 16 is not limited to age, color, creed, national origin, race, 17 religion, marital status, sex, sexual orientation, gender 18 identity, physical attributes, physical or mental ability or 19 disability, ancestry, political party preference, political 20 belief, socioeconomic status, or familial status , behavior, or 21 any other distinguishing characteristic. This paragraph shall 22 be construed broadly to achieve the purposes of this section . 23 Sec. 5. Section 280.28, subsection 3, Code 2017, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . h. A procedure for the notification as 26 soon as practicable of the parents or guardians of the alleged 27 targeted students and perpetrators in a reported incident 28 of harassment or bullying. The procedure shall include an 29 exception to the notification requirement if a school official 30 or a student whose parent or guardian would otherwise be 31 notified reasonably believes notification would subject the 32 student to rejection, abuse, or neglect. 33 Sec. 6. Section 280.28, Code 2017, is amended by adding the 34 following new subsections: 35 -3- LSB 1503XS (4) 87 je/nh 3/ 10

S.F. 390 NEW SUBSECTION . 9. Authority off school grounds. 1 a. A school official may investigate and impose school 2 discipline in a founded case of harassment or bullying that 3 occurs outside of school, off of school property, or away from 4 a school function or school-sponsored activity if all of the 5 following apply: 6 (1) An incident of harassment or bullying is reported 7 pursuant to the school’s policy adopted under subsection 3, 8 paragraph “e” . 9 (2) The alleged incident of harassment or bullying has 10 an effect on a student on school grounds that creates an 11 objectively hostile school environment that meets one or more 12 of the conditions set out under subsection 2, paragraph “b” . 13 b. A school official’s investigation and response to an 14 alleged incident of bullying or harassment that occurs outside 15 of school, off of school property, or away from a school 16 function or school-sponsored activity may include referring 17 the matter to appropriate community-based agencies including 18 but not limited to social services agencies, law enforcement 19 agencies, and nonprofit organizations. 20 NEW SUBSECTION . 10. Rule of construction. This section 21 shall not be construed to diminish a school administrator’s 22 discretion to impose discipline or take other action in the 23 case of an unfounded incident of harassment or bullying if a 24 student’s behavior otherwise constitutes student misconduct 25 based on other grounds. 26 Sec. 7. SCHOOL CLIMATE AND BULLYING WORK GROUP. 27 1. The department of education shall convene a 28 public-private work group of representatives of state and local 29 agencies, citizens, community groups, and organizations who 30 have experience and expertise in the areas of antibullying 31 education, research, and training. The work group, after 32 reviewing existing research, data, and strategies, shall 33 provide recommendations to the department regarding best 34 practices, training, resources, additional research needs, 35 -4- LSB 1503XS (4) 87 je/nh 4/ 10

S.F. 390 data collection, changes to state law and administrative 1 rules, and any other matters to enhance statewide school 2 climate improvement and bullying prevention, awareness, and 3 intervention. 4 2. The membership of the work group shall include but not be 5 limited to the following, to be appointed by the director: 6 a. At least three Iowans who are experts in research-based 7 antibullying curricula or programs. 8 b. A public or nonpublic high school student. 9 c. A parent of a student enrolled in a public elementary or 10 secondary school on a full-time basis. 11 d. A parent of a student enrolled in a nonpublic elementary 12 or secondary school on a full-time basis. 13 e. A member from nominees submitted by the school 14 administrators of Iowa. 15 f. A member from nominees submitted by the Iowa association 16 of school boards. 17 g. A member from nominees submitted by the Iowa state 18 education association. 19 h. Representatives from any organizations representing 20 other relevant public or nonpublic school professionals. 21 i. A representative from a statewide organization that 22 provides research-based training on bullying for school 23 professionals. 24 j. A representative from at least one statewide 25 organization with at least five years’ experience in advocating 26 on bullying prevention based on research-based best practices. 27 k. A representative for children placed in foster care. 28 l. A representative of school counselors. 29 m. A member from nominees submitted by the Iowa parent 30 teacher association. 31 3. When making appointments to the work group, the director 32 shall ensure that public, nonpublic, urban, and rural schools 33 are adequately represented by the membership of the work group. 34 4. The work group shall also include two ex officio members 35 -5- LSB 1503XS (4) 87 je/nh 5/ 10

S.F. 390 of each house of the general assembly. One member each shall 1 be selected by the majority leader of the senate and by the 2 minority leader of the senate, and one member each shall be 3 selected by the speaker of the house of representatives and by 4 the minority leader of the house of representatives. Members 5 of the general assembly shall serve for terms as provided in 6 section 69.16B and shall be entitled to receive per diem and 7 necessary travel and actual expenses pursuant to section 2.10, 8 subsection 5, while carrying out their official duties as 9 members of the work group. 10 5. The department shall convene the work group by October 11 1, 2017. The work group shall submit its findings and 12 recommendations in a final report to the department and the 13 chairpersons and ranking members of the senate and house 14 education committees by December 22, 2017. 15 Sec. 8. APPROPRIATION. There is appropriated from the 16 general fund of the state to the department of education 17 for the fiscal year beginning July 1, 2017, and ending June 18 30, 2018, the following amounts, or so much thereof as is 19 necessary, to be used for the purposes designated: 20 For the provision of grants from the school climate 21 improvement grant program established in section 256.101: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 23 Notwithstanding section 8.33, moneys appropriated in this 24 section that remain unencumbered or unobligated at the close of 25 the fiscal year shall not revert but shall remain available for 26 expenditure for the purposes designated until the close of the 27 succeeding fiscal year. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill requires the director of the department of 32 education, subject to an appropriation of funds by the general 33 assembly, to ensure each school district has access to adequate 34 training on conducting investigations of complaints of 35 -6- LSB 1503XS (4) 87 je/nh 6/ 10

S.F. 390 incidents of harassment or bullying pursuant to Code section 1 280.28, the state law relating to school antiharassment and 2 antibullying policies, by offering such training on an annual 3 basis to at least one employee per district. 4 The bill requires the department of education, subject to an 5 appropriation of funds by the general assembly, to establish 6 a student mentoring pilot program to explore how student 7 leadership can help prevent bullying and violence in schools. 8 The program shall promote best practices for bullying and 9 violence prevention for middle and high school students. The 10 department must establish the program in at least two middle 11 schools and two high schools, which shall include both urban 12 and rural schools. The department must establish criteria 13 for selection of participating schools and evaluation of the 14 program. 15 The bill establishes a school climate improvement grant 16 program in the department of education to build upon previous 17 state efforts to promote school safety, including the Iowa safe 18 and supportive schools grant and program, by providing funds to 19 school districts and accredited nonpublic schools to maintain, 20 improve, and promote safe and supportive learning environments 21 in this state. 22 The department shall award funds from the program to schools 23 on a competitive grant basis. Awards shall be consistent with 24 the goals of the program as specified in the bill. 25 Grants from the program may be used to fund school programs 26 or activities including but not limited to qualified staff 27 training to implement Code section 280.28, technical assistance 28 for improved classroom management, and certain other programs 29 and activities specified in the bill. 30 The department shall give priority in grant awards to 31 certain applicants specified in the bill. 32 The bill appropriates to the department for fiscal year 33 2017-2018, for carryforward into fiscal year 2018-2019, $1 34 million to be used for grants from the program. 35 -7- LSB 1503XS (4) 87 je/nh 7/ 10

S.F. 390 The bill modifies the definition of “electronic” under Code 1 section 280.28 by adding any other electronic communication 2 site, device, or means to the definition and by including 3 social networking sites as part of the term “internet-based 4 communications”. 5 Under Code section 280.28, subsection 2, “harassment” and 6 “bullying” shall be construed to mean any electronic, written, 7 verbal, or physical act or conduct toward a student which is 8 based on any actual or perceived trait or characteristic of 9 the student and which creates an objectively hostile school 10 environment that meets one or more of certain conditions. The 11 bill modifies the definition of “harassment” and “bullying” 12 under Code section 280.28 by adding behavior or any other 13 distinguishing characteristic to the definition. The bill 14 provides that the definition of “harassment” and “bullying” is 15 to be construed broadly to achieve the purposes of the law. 16 The bill requires school antiharassment and antibullying 17 policies to include a procedure for the notification as soon as 18 practicable of the parents or guardians of the alleged targeted 19 students and perpetrators in a reported incident of harassment 20 or bullying. The procedure must include an exception to the 21 notification requirement if a school official or a student 22 whose parent or guardian would otherwise be notified reasonably 23 believes notification would subject the targeted student to 24 rejection, abuse, or neglect. 25 The bill grants school officials the authority to 26 investigate and impose school discipline or take other action 27 in cases of alleged incidents of harassment or bullying that 28 occur outside of school, off of school property, or away from 29 school functions or school-sponsored activities if certain 30 conditions are met. Those conditions are that an incident of 31 harassment or bullying is reported pursuant to the school’s 32 antiharassment and antibullying policy; and that the alleged 33 incident of harassment or bullying has an effect on school 34 grounds that creates an objectively hostile school environment 35 -8- LSB 1503XS (4) 87 je/nh 8/ 10

S.F. 390 that places the student in reasonable fear of harm to the 1 student’s person or property; has a substantially detrimental 2 effect on the student’s physical or mental health; has the 3 effect of substantially interfering with a student’s academic 4 performance; or has the effect of substantially interfering 5 with the student’s ability to participate in or benefit from 6 the services, activities, or privileges provided by a school. 7 The bill provides that a school official’s investigation 8 and response to an alleged incident of bullying or harassment 9 that occurs outside of school, off of school property, or away 10 from a school function or school-sponsored activity may include 11 referring the matter to appropriate community-based agencies. 12 The bill provides that Code section 280.28 shall not be 13 construed to diminish a school administrator’s discretion 14 to impose discipline or take other action in the case of an 15 unfounded incident of harassment or bullying if a student’s 16 behavior otherwise constitutes student misconduct based on 17 other grounds. 18 The bill requires the department of education to convene 19 a public-private work group of representatives of state and 20 local agencies, citizens, community groups, and organizations 21 who have experience and expertise in the areas of antibullying 22 education, research, and training. The work group, after 23 reviewing existing research, data, and strategies, shall 24 provide recommendations to the department regarding matters 25 to enhance statewide school climate improvement and bullying 26 prevention, awareness, and intervention. The bill provides for 27 membership of the work group to be appointed by the director of 28 the department. When making appointments to the work group, 29 the director must ensure that public, nonpublic, urban, and 30 rural schools are adequately represented by the membership 31 of the work group. The work group shall also include ex 32 officio legislative members. The department must convene the 33 work group by October 1, 2017. The work group must submit 34 its findings and recommendations in a final report to the 35 -9- LSB 1503XS (4) 87 je/nh 9/ 10