HF 149 (LSB 1429YH (4) 91)

HOUSE FILE 149

BY  BODEN

A BILL FOR

An Act modifying provisions related to the harassment or bullying of students enrolled in school districts or accredited nonpublic schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 279.10, subsection 2, paragraph b, Code 2025, is amended to read as follows:
   b.  An attendance center or school authorized to maintain a year-round calendar must serve all students attending the school and shall not be limited based on student achievement or based on the trait or characteristic of the student as defined in section 280.28, Code 2024.
    Sec. 2.  Section 280.28, subsection 2, paragraph b, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   “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 that creates an objectively hostile school environment that meets one or more of the following conditions:
    Sec. 3.  Section 280.28, subsection 2, paragraph c, Code 2025, is amended by striking the paragraph.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies provisions related to the harassment or bullying of students enrolled in school districts or accredited nonpublic schools.
   Current Code section 280.28 requires school districts and accredited nonpublic schools to adopt a policy declaring harassment and bullying in schools, on school property, and at any school function, or school-sponsored activity, regardless of its location, as against state and school policy. Current Code section 280.28 defines “harassment” and “bullying” 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 specified conditions. The bill modifies the definition of “harassment” and “bullying” to strike the language related to any actual or perceived trait or characteristic of the student.
   The definitions of “harassment” and “bullying” used in Code section 280.28 are referenced in Code sections 279.82 (intra-district enrollment), 279.83 (notice to parents or guardians related to physical injuries, harassment, or bullying), and 282.18 (open enrollment).
   The bill strikes the definition of “trait or characteristic of the student” from Code section 280.28. Code section 279.10(2)(b) (school year —— beginning date —— exemption) references the definition of “trait or characteristic of the student” contained in Code section 280.28. The bill makes a conforming change to Code section 279.10(2)(b) to cite to the definition of “trait or characteristic of the student” contained in Code section 280.28, Code 2024.