Senate File 2318 - Reprinted SENATE FILE 2318 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 3149) (As Amended and Passed by the Senate March 18, 2014 ) A BILL FOR An Act relating to state and school antiharassment and 1 antibullying policies, establishing an office of support 2 and analysis for safe schools, establishing a school 3 climate improvement grant program, providing for training 4 on harassment and bullying prevention and response, making 5 appropriations, and including effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 SF 2318 (4) 85 je/rj/jh

S.F. 2318 Section 1. Section 135.11, subsection 30, Code 2014, is 1 amended by striking the subsection. 2 Sec. 2. Section 256.2, Code 2014, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 2A. “Harassment” and “bullying” mean the 5 same as defined in section 280.28. 6 Sec. 3. Section 256.7, Code 2014, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 33. Adopt rules incorporating the training 9 required by section 272.2, subsection 19, into the standards 10 for school district or attendance center teacher professional 11 development plans in accordance with section 284.6 and school 12 district or attendance center administrator professional 13 development plans in accordance with section 284A.6. 14 Sec. 4. Section 256.9, Code 2014, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 65. Submit to the general assembly annually 17 by January 1, a report on harassment and bullying in schools in 18 this state. The report shall include harassment and bullying 19 incidence data reported by school districts and accredited 20 nonpublic schools pursuant to section 280.28, subsection 7, 21 including the number of founded and unfounded reports of 22 harassment or bullying per school district and accredited 23 nonpublic school; relevant response data from the Iowa youth 24 survey; outcome data for the school climate improvement grant 25 program established by section 256.101; and any recommendations 26 relating to harassment and bullying prevention in this state. 27 The department shall publish the report on the department’s 28 internet site. 29 Sec. 5. NEW SECTION . 256.100 Office of support and analysis 30 for safe schools. 31 1. The office of support and analysis for safe schools 32 is established in the department to coordinate and implement 33 the state’s efforts to prevent and respond to harassment and 34 bullying. 35 -1- SF 2318 (4) 85 je/rj/jh 1/ 9

S.F. 2318 2. The office shall coordinate efforts between state 1 agencies and promote research-based best practices for 2 programming and training to improve school learning 3 environments and school safety. The office shall coordinate 4 with appropriate stakeholders in carrying out its duties. 5 3. The office shall: 6 a. Assist schools in the implementation of section 280.28, 7 using research- and outcome-based best practices. 8 b. Develop or recommend qualified training programs for 9 training required by section 272.2, subsection 19. 10 c. Coordinate with area education agencies and other state 11 and local agencies and organizations to ensure that training 12 required by section 272.2, subsection 19, and appropriate 13 mental health services are available to every school in this 14 state. 15 d. Provide or recommend technical assistance and training 16 to school employees responsible for conducting investigations 17 of complaints of incidents of harassment or bullying to ensure 18 compliance with section 280.28. 19 e. Administer the school climate improvement grant program 20 established by section 256.101. 21 f. Analyze harassment and bullying incidence data reported 22 by school districts and accredited nonpublic schools pursuant 23 to section 280.28, subsection 7, and response data from the 24 Iowa youth survey. The office may use its analysis to provide 25 technical assistance to school districts or schools to improve 26 school learning environments and school safety and to achieve 27 compliance with section 280.28. 28 g. Coordinate with the department of public health and 29 other public and private agencies and organizations in the 30 administration of the your life Iowa initiative. Contacts with 31 the initiative relating to possible harassment or bullying 32 shall be shared with the office, which shall assist the 33 initiative in responding to such contacts. The office shall 34 maintain compliance with applicable federal and state privacy 35 -2- SF 2318 (4) 85 je/rj/jh 2/ 9

S.F. 2318 laws to ensure the confidentiality of information provided to 1 the initiative. 2 h. Collaborate with the department of public health and 3 other state agencies in the administration of the Iowa youth 4 survey to students in grades six, eight, and eleven in Iowa’s 5 public and nonpublic schools. Survey data shall be evaluated 6 and reported, with aggregate data available online at the Iowa 7 youth survey internet site. 8 Sec. 6. NEW SECTION . 256.101 School climate improvement 9 grant program. 10 1. A school climate improvement grant program is 11 established in the department to build upon previous state 12 efforts to promote school safety, including the Iowa safe and 13 supportive schools grant and program, by providing funds to 14 school districts and accredited nonpublic schools to maintain, 15 improve, and promote safe and supportive learning environments 16 in this state. The program shall be administered by the office 17 of support and analysis for safe schools established by section 18 256.100. 19 2. The office shall award funds from the program to schools 20 on a competitive grant basis. Awards shall be consistent with 21 the following goals of the program: 22 a. To utilize research- and outcome-based best practices in 23 implementing antiharassment and antibullying efforts. 24 b. To assist schools to promote a climate of greater 25 productivity, safety, and learning. 26 c. To assist schools in the professional development 27 of staff in research- and outcome-based best practices to 28 implement school safety programs and classroom management 29 programs. 30 d. To assist schools in enhancing and coordinating 31 antiviolence efforts between schools, professional, parental, 32 governmental, law enforcement, and community organizations and 33 associations. 34 3. Grants from the program may be used to fund school 35 -3- SF 2318 (4) 85 je/rj/jh 3/ 9

S.F. 2318 programs or activities including but not limited to the 1 following: 2 a. Qualified staff training to implement section 280.28. 3 b. Technical assistance for improved classroom management. 4 c. School safety programs that incorporate research- and 5 outcome-based best practices that are intended to address risk 6 factors to reduce incidents of problem behaviors among students 7 including antiharassment and antibullying programs. 8 d. Mental health demonstration projects. 9 e. Safety training and resources that enhance the overall 10 safety of students and staff. 11 4. The office shall give priority in grant awards to the 12 following applicants: 13 a. Applicants that utilize data to demonstrate need based on 14 the number or severity of incidents of harassment or bullying 15 the applicants have experienced or other data that indicate 16 need. 17 b. Applicants that provide a commitment of additional funds 18 from public or private sources for the programs or activities 19 for which a grant is sought. 20 5. The office shall pursue additional funding from public 21 and private sources to support the program. 22 6. The department shall adopt rules to administer the 23 program, including but not limited to an application process 24 and grant award criteria. 25 Sec. 7. Section 272.1, Code 2014, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 4A. “Harassment” and “bullying” mean the 28 same as defined in section 280.28. 29 Sec. 8. Section 272.2, Code 2014, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 19. a. Adopt rules requiring all teachers 32 who have regular and substantial contact with students to 33 complete training approved by the office of support and 34 analysis for safe schools established by section 256.100, on 35 -4- SF 2318 (4) 85 je/rj/jh 4/ 9

S.F. 2318 harassment and bullying prevention and response as part of 1 their professional development and training plans. 2 b. Adopt rules requiring all individuals applying for or 3 renewing a license, certificate, authorization, or statement 4 of recognition issued by the board who are responsible for 5 conducting investigations of complaints of incidents of 6 harassment or bullying to complete training approved by the 7 office of support and analysis for safe schools established 8 by section 256.100, on the provisions of section 280.28, 9 conducting impartial investigations with transparency, 10 collecting evidence, following up on previous investigations, 11 and reporting founded and unfounded incidents of harassment and 12 bullying to the department. 13 c. Adopt rules requiring all individuals applying for 14 or renewing an administrator license to complete training 15 approved by the office of support and analysis for safe 16 schools established by section 256.100, on implementation of 17 school-wide policies and procedures for harassment and bullying 18 identification, reporting, response, and prevention. 19 Sec. 9. Section 280.28, subsection 2, paragraph a, Code 20 2014, is amended to read as follows: 21 a. “Electronic” means any communication involving the 22 transmission of information by wire, radio, optical cable, 23 electromagnetic, or other similar means. “Electronic” includes 24 but is not limited to communication via electronic mail, 25 internet-based communications including social networking sites 26 and applications , pager service, cell phones, and electronic 27 text messaging , or any other electronic communication site, 28 device, or means . 29 Sec. 10. Section 280.28, subsection 3, Code 2014, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . h. A procedure for documenting the actions 32 taken by the school to investigate and respond to harassment 33 or bullying. 34 Sec. 11. Section 280.28, subsection 7, Code 2014, is amended 35 -5- SF 2318 (4) 85 je/rj/jh 5/ 9

S.F. 2318 to read as follows: 1 7. Integration of policy and reporting. The board of 2 directors of a school district and the authorities in charge of 3 each nonpublic school shall integrate its antiharassment and 4 antibullying policy into the comprehensive school improvement 5 plan required under section 256.7, subsection 21 , and shall 6 report data collected under subsection 6 , as specified by the 7 following to the department , to and the local community . : 8 a. Data collected under subsection 6, as specified by the 9 department. 10 b. The process used for filing complaints, including the 11 location of online or other complaint forms. 12 c. The number of school employees and volunteers who have 13 completed antiharassment and antibullying training. 14 Sec. 12. Section 280.28, Code 2014, is amended by adding the 15 following new subsections: 16 NEW SUBSECTION . 9. Parental notification. 17 a. Each school district and accredited nonpublic school 18 shall establish notification procedures for incidents of 19 harassment or bullying in accordance with this subsection. The 20 procedures shall include notification of the custodial parent 21 or guardian of any student directly involved in any incident of 22 harassment or bullying, upon investigation and determination 23 that harassment or bullying has occurred, consistent with 24 a notification plan made in consultation with the student 25 and school guidance staff. The notification shall include 26 information on the action that school officials have taken 27 regarding the incident and the actions school officials will 28 take to prevent further acts of harassment or bullying. If 29 such notification is delayed, the school district or school 30 shall document the reasons for the delay. This paragraph does 31 not prohibit a school official from contacting a parent or 32 guardian about a report of harassment or bullying prior to a 33 determination that harassment or bullying has occurred. 34 b. The requirements of this subsection shall not apply if a 35 -6- SF 2318 (4) 85 je/rj/jh 6/ 9

S.F. 2318 school official reasonably believes notification would subject 1 a student to abuse, neglect, or other physical or mental harm. 2 c. Notification pursuant to this subsection shall comply 3 with state and federal privacy laws, regulations, and rules. 4 NEW SUBSECTION . 10. Authority off school grounds. A school 5 official may investigate and respond appropriately to an 6 alleged incident of harassment or bullying that occurs outside 7 of school, off of school property, or away from a school 8 function or school-sponsored activity. If an alleged incident 9 of harassment or bullying has an effect on school grounds that 10 creates an objectively hostile school environment that meets 11 one or more of the conditions set out under subsection 2, 12 paragraph “b” , a school official shall investigate and respond 13 appropriately to the alleged incident. The school official’s 14 investigation and response to an alleged incident of harassment 15 or bullying that occurs outside of school, off of school 16 property, or away from a school function or school-sponsored 17 activity may include referring the matter to appropriate 18 community-based agencies. 19 NEW SUBSECTION . 11. Rulemaking authority. The department 20 of education may adopt rules necessary to administer this 21 section in a uniform way across the state. 22 Sec. 13. Section 282.18, subsection 11, Code 2014, is 23 amended to read as follows: 24 11. A pupil who participates in open enrollment for purposes 25 of attending a grade in grades nine through twelve in a school 26 district other than the district of residence is ineligible to 27 participate in varsity interscholastic athletic contests and 28 athletic competitions during the pupil’s first ninety school 29 days of enrollment in the district except that the pupil may 30 participate immediately in a varsity interscholastic sport if 31 the pupil is entering grade nine for the first time and did 32 not participate in an interscholastic athletic competition for 33 another school or school district during the summer immediately 34 following eighth grade, if the district of residence and the 35 -7- SF 2318 (4) 85 je/rj/jh 7/ 9

S.F. 2318 other school district jointly participate in the sport, if the 1 sport in which the pupil wishes to participate is not offered 2 in the district of residence, if the pupil chooses to use open 3 enrollment to attend school in another school district because 4 the district in which the student previously attended school 5 was dissolved and merged with one or more contiguous school 6 districts under section 256.11, subsection 12 , if the pupil 7 participates in open enrollment because the pupil’s district 8 of residence has entered into a whole grade sharing agreement 9 with another district for the pupil’s grade, or if the parent 10 or guardian of the pupil participating in open enrollment is 11 an active member of the armed forces and resides in permanent 12 housing on government property provided by a branch of the 13 armed services , or if the district of residence determines 14 that the pupil was previously subject to a founded incident 15 of harassment or bullying as defined in section 280.28 while 16 attending school in the district of residence . A pupil who 17 has paid tuition and attended school, or has attended school 18 pursuant to a mutual agreement between the two districts, 19 in a district other than the pupil’s district of residence 20 for at least one school year is also eligible to participate 21 immediately in interscholastic athletic contests and athletic 22 competitions under this section , but only as a member of a team 23 from the district that pupil had attended. For purposes of 24 this subsection , “school days of enrollment” does not include 25 enrollment in summer school. For purposes of this subsection , 26 “varsity” means the same as defined in section 256.46 . 27 Sec. 14. APPROPRIATIONS. There is appropriated from 28 the general fund of the state to the department of education 29 for the fiscal year beginning July 1, 2014, and ending June 30 30, 2015, the following amounts, or so much thereof as is 31 necessary, to be used for the purposes designated: 32 For the establishment and administration of the office of 33 support and analysis for safe schools and for carrying out 34 the duties of the office, including salaries, support, and 35 -8- SF 2318 (4) 85 je/rj/jh 8/ 9

S.F. 2318 maintenance: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 2 For the provision of grants from the school climate 3 improvement grant program established in section 256.101: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 5 From the moneys appropriated for the establishment and 6 administration of the office of support and analysis for safe 7 schools, $150,000 shall be used to provide or facilitate the 8 provision of training required by section 272.2, subsection 19, 9 at no cost to the trainee. 10 Notwithstanding section 8.33, moneys appropriated in this 11 section that remain unencumbered or unobligated at the close of 12 the fiscal year shall not revert but shall remain available for 13 expenditure for the purposes designated until the close of the 14 succeeding fiscal year. 15 Sec. 15. EMERGENCY RULEMAKING. The department of education 16 may adopt emergency rules under section 17A.4, subsection 3, 17 and section 17A.5, subsection 2, paragraph “b”, to implement 18 sections 256.100 and 256.101, as enacted in this Act, and the 19 rules shall be effective immediately upon filing unless a 20 later date is specified in the rules. Any rules adopted in 21 accordance with the provisions of this section shall also be 22 published as a notice of intended action as provided in section 23 17A.4. 24 Sec. 16. EFFECTIVE UPON ENACTMENT. The following 25 provision or provisions of this Act, being deemed of immediate 26 importance, take effect upon enactment: 27 1. The section of this Act enacting section 256.100. 28 2. The section of this Act enacting section 256.101. 29 -9- SF 2318 (4) 85 je/rj/jh 9/ 9