House Study Bill 76 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act relating to the establishment and implementation of 1 the safe and sound program within the department of public 2 safety, to participation in or use of the program by schools 3 and students, to immunity from civil or criminal liability 4 arising from a report made pursuant to the program, and to a 5 safe and sound revolving fund, and providing penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1349XD (5) 89 kh/jh

S.F. _____ H.F. _____ Section 1. Section 22.7, Code 2021, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 74. Information and reports obtained and 3 prepared by any individual receiving anonymous reports pursuant 4 to section 80.48. 5 Sec. 2. NEW SECTION . 80.48 Safe and sound program. 6 1. For purposes of this section, “school entities” 7 means school districts or accredited nonpublic schools in 8 Iowa offering instruction at any or all levels from the 9 prekindergarten level through grade twelve, and includes the 10 board of directors of a school district, the authorities in 11 charge of accredited nonpublic schools, and school personnel 12 employed by a school district or accredited nonpublic school. 13 2. A safe and sound program is established within the 14 department for purposes of developing and implementing a system 15 for receiving anonymous reports and other information from the 16 public in regard to potential self-harm and potential harm or 17 criminal acts including threats of violence, sexual abuse, 18 assault, or bullying directed at school students or school 19 entities. 20 3. The program shall include all of the following: 21 a. Establishing a statewide, twenty-four-hours-a-day, 22 seven-days-a-week, toll-free hotline, internet site, and mobile 23 application for the purpose of receiving reports in accordance 24 with this section. 25 b. Establishing methods and procedures to ensure that 26 the identity of any reporting party remains unknown to all 27 persons, including but not limited to law enforcement officers 28 and employees operating the hotline, internet site, or mobile 29 application. 30 c. Ensuring that the identity of an individual making a 31 report, who voluntarily discloses the individual’s identity and 32 verifies the individual’s willingness to be identified, may be 33 shared with law enforcement officers and school entities. 34 d. Ensuring that if the identity of an individual making 35 -1- LSB 1349XD (5) 89 kh/jh 1/ 8

S.F. _____ H.F. _____ a report becomes known through a means other than voluntary 1 disclosure, the identity is not further disclosed. 2 e. (1) Establishing procedures to review all information 3 submitted through the hotline, internet site, and mobile 4 application and report that information, including any analysis 5 of the potential threat, to the appropriate law enforcement 6 agency and school entities, as determined by the department by 7 rule. The program shall work with school entities and local 8 law enforcement agencies to identify each person to whom a 9 report from the program shall be sent. 10 (2) The department shall not be held liable for the 11 investigation of information reported to the program following 12 confirmation of receipt of the report by the appropriate law 13 enforcement agency or school entity. 14 f. In consultation with the department of education, 15 providing training and instruction to individuals, including 16 but not limited to individuals at law enforcement agencies and 17 school entities, on appropriate awareness and response to the 18 program. The program shall provide guidance for the violence 19 prevention curricula developed in accordance with section 20 280.9B. 21 g. Developing and implementing program awareness initiatives 22 and providing related educational materials to school entities. 23 h. In consultation with the department of education, 24 establishing guidelines that school entities may utilize to 25 respond to a report sent by the program. 26 i. In consultation with the departments of education, 27 human services, and public health and the office of the 28 attorney general, create a threat assessment team to assist 29 law enforcement agencies and school entities to respond 30 appropriately to information reported in accordance with this 31 section. Each such department or office shall designate one 32 employee to serve on the threat assessment team. The team 33 may assist any school entity at the request of local law 34 enforcement and school officials or administrators. 35 -2- LSB 1349XD (5) 89 kh/jh 2/ 8

S.F. _____ H.F. _____ 4. A person participating in good faith in the making of 1 a report in accordance with this section shall have immunity 2 from any liability, civil or criminal, which might otherwise 3 be incurred or imposed as a result of information shared 4 in accordance with this section or learned as a result of 5 information shared in accordance with this section. The person 6 shall have the same immunity with respect to participating in 7 good faith in any judicial proceeding resulting from the report 8 or relating to the subject matter of the report. 9 5. A safe and sound revolving fund is created in the 10 state treasury under the control of the department. Any 11 moneys annually appropriated, granted, or credited to the 12 fund, including any federal moneys, are appropriated to the 13 department for the safe and sound program. Notwithstanding 14 section 8.33, moneys remaining in the revolving fund at the 15 end of the fiscal year shall not revert to the general fund 16 but shall remain available for the purposes of this section. 17 Notwithstanding section 12C.7, subsection 2, interest and 18 earnings on moneys deposited in the revolving fund shall be 19 credited to the revolving fund. 20 Sec. 3. Section 280.9B, Code 2021, is amended to read as 21 follows: 22 280.9B Violence prevention curriculum. 23 The department of education shall develop a statewide 24 violence prevention program based on law-related education. 25 The department shall contract with a law-related education 26 agency that serves the state and provides a comprehensive 27 plan to develop violence prevention curricula for grades 28 kindergarten through twelve, provide training to teachers and 29 school administrators on violence prevention, and develop 30 school-community partnerships for violence prevention. The 31 department of education shall include in the curricula 32 instruction on the safe and sound program established under 33 section 80.48 and how students can use the safe and sound 34 program. 35 -3- LSB 1349XD (5) 89 kh/jh 3/ 8

S.F. _____ H.F. _____ Sec. 4. NEW SECTION . 280.18 Safe and sound program —— 1 participation requirements. 2 The board of directors of a school district and authorities 3 in charge of each accredited nonpublic school shall display 4 materials related to the safe and sound program, established 5 pursuant to section 80.48, in at least three locations within 6 every school building, and shall designate least two members of 7 the licensed instructional staff to receive information that is 8 reported to the safe and sound program. 9 Sec. 5. Section 280.30, subsection 1, Code 2021, is amended 10 to read as follows: 11 1. The board of directors of a school district and the 12 authorities in charge of each accredited nonpublic school shall 13 develop do all of the following: 14 a. Develop a high-quality emergency operations plan for 15 the district and individual school buildings in which students 16 are educated no later than June 30, 2019 . The plan shall 17 include but not be limited to responses to active shooter 18 scenarios and natural disasters. The plan shall provide that 19 any alert regarding an emergency situation that is transmitted 20 to school personnel or students by electronic means shall 21 also be transmitted to the employer of any individual who is 22 not a school employee but who is required as a part of the 23 individual’s employment to regularly be present in a school 24 building during the school year. The plan shall include 25 publication of procedures for school personnel, parents, and 26 guardians to report possible threats to the safety of students 27 or school personnel on school grounds or at school activities. 28 The board and authorities shall consider any recommendations 29 of the department of education relating to the development of 30 a high-quality emergency operations plan and shall consult 31 with local emergency management coordinators and local law 32 enforcement agencies in the development of the plan. The board 33 and authorities shall review and update the plan on an annual 34 basis. The plan shall be confidential and shall not be a 35 -4- LSB 1349XD (5) 89 kh/jh 4/ 8

S.F. _____ H.F. _____ public record subject to disclosure under chapter 22 . 1 b. Submit the emergency operations plan developed pursuant 2 to paragraph “a” , and any updates to the plan, to the department 3 of education. The department may share such plans with law 4 enforcement agencies. The confidentiality provisions of 5 paragraph “a” shall apply to any agency receiving an emergency 6 operations plan pursuant to this paragraph. 7 Sec. 6. Section 719.1A, Code 2021, is amended to read as 8 follows: 9 719.1A Providing false identification information. 10 1. A person who knowingly provides false identification 11 information to anyone known by the person to be a peace 12 officer, emergency medical care provider under chapter 147A , 13 or fire fighter, whether paid or volunteer, in the performance 14 of any act which is within the scope of the lawful duty or 15 authority of that officer, emergency medical care provider, or 16 fire fighter, commits a simple misdemeanor. 17 2. A person who knowingly provides false identification 18 information through the safe and sound toll-free hotline, 19 internet site, or mobile application established pursuant to 20 section 80.48, commits a simple misdemeanor. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill provides for the establishment of the safe 25 and sound program within the department of public safety, 26 for participation in or use of the program by schools and 27 students, and for penalties for providing false identification 28 information through the program. 29 The safe and sound program is established for purposes of 30 developing and implementing a system for receiving anonymous 31 reports and other information from the public in regard 32 to potential self-harm and potential harm or criminal acts 33 including threats of violence, sexual abuse, assault, or 34 bullying directed at school students and school entities. 35 -5- LSB 1349XD (5) 89 kh/jh 5/ 8

S.F. _____ H.F. _____ The bill defines “school entities” as school districts or 1 accredited nonpublic schools offering instruction at any or all 2 levels from the prekindergarten level through grade 12, and 3 includes school boards, the authorities in charge of accredited 4 nonpublic schools, and school personnel employed by a school 5 district or accredited nonpublic school. 6 The program must establish a statewide toll-free hotline, 7 internet site, and mobile application for receiving the 8 anonymous reports. 9 The program must also establish methods and procedures 10 to ensure that the identity of any reporting party remains 11 anonymous to all unless the individual making the report 12 voluntarily discloses the individual’s identity and indicates a 13 willingness to be identified, at which point that individual’s 14 identity may be shared with law enforcement officers and school 15 entities. 16 The program must establish procedures for reviewing the 17 information received and for reporting that information, 18 including any analysis of the potential threat, to the 19 appropriate law enforcement agency, or school entity, as 20 determined by the department by rule. The program must work 21 with local law enforcement agencies and school entities to 22 identify each person to whom a report from the program shall 23 be sent. 24 Once the program reports information to the appropriate 25 law enforcement agency or school official, or entity, and the 26 receiving entity confirms receipt of the report, the department 27 shall not be held liable for investigation of the information 28 reported. A person participating in good faith in the making 29 of a report or participating in any judicial proceeding 30 resulting from the report shall have immunity from any civil or 31 criminal liability which would otherwise be imposed as a result 32 of information shared under the program or learned as a result 33 of information shared under the program. 34 The program must provide, in consultation with the 35 -6- LSB 1349XD (5) 89 kh/jh 6/ 8

S.F. _____ H.F. _____ department of education, training and instruction to 1 individuals, including but not limited to school entities and 2 law enforcement agencies, on appropriate awareness and response 3 to the program; must develop and implement program awareness 4 initiatives and provide related educational materials to school 5 entities; and must establish guidelines that school entities 6 may utilize to respond to a report sent by the program. 7 In consultation with the departments of education, human 8 services, and public health and the office of the attorney 9 general, the program must create a threat assessment team to 10 assist law enforcement agencies and school entities to respond 11 appropriately to information reported. Each such department or 12 office must designate one employee to serve on the team. The 13 team may assist any school entity at the request of local law 14 enforcement and school officials or administrators. 15 Information and reports provided through the program are 16 confidential under Code section 22.7. 17 The bill creates a safe and sound revolving fund in the 18 state treasury under the control of the department. Any moneys 19 annually appropriated, granted, or credited to the fund, 20 are appropriated to the department for the program. Moneys 21 remaining in the revolving fund at the end of the fiscal year 22 do not revert to the general fund but shall remain available 23 for the safe and sound program. Interest and earnings on 24 moneys in the revolving fund are credited to the revolving 25 fund. 26 Currently, the department of education is responsible 27 for developing a statewide violence prevention program and 28 curricula. The bill requires that the department include in 29 the curricula instruction on the safe and sound program and how 30 students can use the program. 31 School boards and accredited nonpublic school authorities 32 must display materials related to the safe and sound program 33 in at least three locations within every school building; 34 designate at least two members of the licensed instructional 35 -7- LSB 1349XD (5) 89 kh/jh 7/ 8

S.F. _____ H.F. _____ staff to receive information that is reported to the safe and 1 sound program; and submit the school’s emergency operations 2 plans and any updates to the plans to the department of 3 education. The department may share such plans with law 4 enforcement agencies. 5 Under the bill, a person who knowingly provides false 6 identification information through the safe and sound toll-free 7 hotline, internet site, or mobile application commits a simple 8 misdemeanor. A simple misdemeanor is punishable by confinement 9 for no more than 30 days and a fine of at least $105 but not 10 more than $855. 11 -8- LSB 1349XD (5) 89 kh/jh 8/ 8