House Study Bill 76 - IntroducedA Bill ForAn Act 1relating to the establishment and implementation of
2the safe and sound program within the department of public
3safety, to participation in or use of the program by schools
4and students, to immunity from civil or criminal liability
5arising from a report made pursuant to the program, and to a
6safe and sound revolving fund, and providing penalties.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 22.7, Code 2021, is amended by adding the
2following new subsection:
3   NEW SUBSECTION.  74.  Information and reports obtained and
4prepared by any individual receiving anonymous reports pursuant
5to section 80.48.
6   Sec. 2.  NEW SECTION.  80.48  Safe and sound program.
   71.  For purposes of this section, “school entities”
8means school districts or accredited nonpublic schools in
9Iowa offering instruction at any or all levels from the
10prekindergarten level through grade twelve, and includes the
11board of directors of a school district, the authorities in
12charge of accredited nonpublic schools, and school personnel
13employed by a school district or accredited nonpublic school.
   142.  A safe and sound program is established within the
15department for purposes of developing and implementing a system
16for receiving anonymous reports and other information from the
17public in regard to potential self-harm and potential harm or
18criminal acts including threats of violence, sexual abuse,
19assault, or bullying directed at school students or school
20entities.
   213.  The program shall include all of the following:
   22a.  Establishing a statewide, twenty-four-hours-a-day,
23seven-days-a-week, toll-free hotline, internet site, and mobile
24application for the purpose of receiving reports in accordance
25with this section.
   26b.  Establishing methods and procedures to ensure that
27the identity of any reporting party remains unknown to all
28persons, including but not limited to law enforcement officers
29and employees operating the hotline, internet site, or mobile
30application.
   31c.  Ensuring that the identity of an individual making a
32report, who voluntarily discloses the individual’s identity and
33verifies the individual’s willingness to be identified, may be
34shared with law enforcement officers and school entities.
   35d.  Ensuring that if the identity of an individual making
-1-1a report becomes known through a means other than voluntary
2disclosure, the identity is not further disclosed.
   3e.  (1)  Establishing procedures to review all information
4submitted through the hotline, internet site, and mobile
5application and report that information, including any analysis
6of the potential threat, to the appropriate law enforcement
7agency and school entities, as determined by the department by
8rule. The program shall work with school entities and local
9law enforcement agencies to identify each person to whom a
10report from the program shall be sent.
   11(2)  The department shall not be held liable for the
12investigation of information reported to the program following
13confirmation of receipt of the report by the appropriate law
14enforcement agency or school entity.
   15f.  In consultation with the department of education,
16providing training and instruction to individuals, including
17but not limited to individuals at law enforcement agencies and
18school entities, on appropriate awareness and response to the
19program. The program shall provide guidance for the violence
20prevention curricula developed in accordance with section
21280.9B.
   22g.  Developing and implementing program awareness initiatives
23and providing related educational materials to school entities.
   24h.  In consultation with the department of education,
25establishing guidelines that school entities may utilize to
26respond to a report sent by the program.
   27i.  In consultation with the departments of education,
28human services, and public health and the office of the
29attorney general, create a threat assessment team to assist
30law enforcement agencies and school entities to respond
31appropriately to information reported in accordance with this
32section. Each such department or office shall designate one
33employee to serve on the threat assessment team. The team
34may assist any school entity at the request of local law
35enforcement and school officials or administrators.
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   14.  A person participating in good faith in the making of
2a report in accordance with this section shall have immunity
3from any liability, civil or criminal, which might otherwise
4be incurred or imposed as a result of information shared
5in accordance with this section or learned as a result of
6information shared in accordance with this section. The person
7shall have the same immunity with respect to participating in
8good faith in any judicial proceeding resulting from the report
9or relating to the subject matter of the report.
   105.  A safe and sound revolving fund is created in the
11state treasury under the control of the department. Any
12moneys annually appropriated, granted, or credited to the
13fund, including any federal moneys, are appropriated to the
14department for the safe and sound program. Notwithstanding
15section 8.33, moneys remaining in the revolving fund at the
16end of the fiscal year shall not revert to the general fund
17but shall remain available for the purposes of this section.
18Notwithstanding section 12C.7, subsection 2, interest and
19earnings on moneys deposited in the revolving fund shall be
20credited to the revolving fund.
21   Sec. 3.  Section 280.9B, Code 2021, is amended to read as
22follows:
   23280.9B  Violence prevention curriculum.
   24The department of education shall develop a statewide
25violence prevention program based on law-related education.
26The department shall contract with a law-related education
27agency that serves the state and provides a comprehensive
28plan to develop violence prevention curricula for grades
29kindergarten through twelve, provide training to teachers and
30school administrators on violence prevention, and develop
31school-community partnerships for violence prevention. The
32department of education shall include in the curricula
33instruction on the safe and sound program established under
34section 80.48 and how students can use the safe and sound
35program.

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1   Sec. 4.  NEW SECTION.  280.18  Safe and sound program —
2participation requirements.
   3The board of directors of a school district and authorities
4in charge of each accredited nonpublic school shall display
5materials related to the safe and sound program, established
6pursuant to section 80.48, in at least three locations within
7every school building, and shall designate least two members of
8the licensed instructional staff to receive information that is
9reported to the safe and sound program.
10   Sec. 5.  Section 280.30, subsection 1, Code 2021, is amended
11to read as follows:
   121.  The board of directors of a school district and the
13authorities in charge of each accredited nonpublic school shall
14develop do all of the following:
   15a.   Developa high-quality emergency operations plan for
16the district and individual school buildings in which students
17are educated no later than June 30, 2019. The plan shall
18include but not be limited to responses to active shooter
19scenarios and natural disasters. The plan shall provide that
20any alert regarding an emergency situation that is transmitted
21to school personnel or students by electronic means shall
22also be transmitted to the employer of any individual who is
23not a school employee but who is required as a part of the
24individual’s employment to regularly be present in a school
25building during the school year. The plan shall include
26publication of procedures for school personnel, parents, and
27guardians to report possible threats to the safety of students
28or school personnel on school grounds or at school activities.
29The board and authorities shall consider any recommendations
30of the department of education relating to the development of
31a high-quality emergency operations plan and shall consult
32with local emergency management coordinators and local law
33enforcement agencies in the development of the plan. The board
34and authorities shall review and update the plan on an annual
35basis. The plan shall be confidential and shall not be a
-4-1public record subject to disclosure under chapter 22.
   2b.  Submit the emergency operations plan developed pursuant
3to paragraph “a”, and any updates to the plan, to the department
4of education. The department may share such plans with law
5enforcement agencies. The confidentiality provisions of
6paragraph “a” shall apply to any agency receiving an emergency
7operations plan pursuant to this paragraph.
8   Sec. 6.  Section 719.1A, Code 2021, is amended to read as
9follows:
   10719.1A  Providing false identification information.
   111.  A person who knowingly provides false identification
12information to anyone known by the person to be a peace
13officer, emergency medical care provider under chapter 147A,
14or fire fighter, whether paid or volunteer, in the performance
15of any act which is within the scope of the lawful duty or
16authority of that officer, emergency medical care provider, or
17fire fighter, commits a simple misdemeanor.
   182.  A person who knowingly provides false identification
19information through the safe and sound toll-free hotline,
20internet site, or mobile application established pursuant to
21section 80.48, commits a simple misdemeanor.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
   25This bill provides for the establishment of the safe
26and sound program within the department of public safety,
27for participation in or use of the program by schools and
28students, and for penalties for providing false identification
29information through the program.
   30The safe and sound program is established for purposes of
31developing and implementing a system for receiving anonymous
32reports and other information from the public in regard
33to potential self-harm and potential harm or criminal acts
34including threats of violence, sexual abuse, assault, or
35bullying directed at school students and school entities.
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   1The bill defines “school entities” as school districts or
2accredited nonpublic schools offering instruction at any or all
3levels from the prekindergarten level through grade 12, and
4includes school boards, the authorities in charge of accredited
5nonpublic schools, and school personnel employed by a school
6district or accredited nonpublic school.
   7The program must establish a statewide toll-free hotline,
8internet site, and mobile application for receiving the
9anonymous reports.
   10The program must also establish methods and procedures
11to ensure that the identity of any reporting party remains
12anonymous to all unless the individual making the report
13voluntarily discloses the individual’s identity and indicates a
14willingness to be identified, at which point that individual’s
15identity may be shared with law enforcement officers and school
16entities.
   17The program must establish procedures for reviewing the
18information received and for reporting that information,
19including any analysis of the potential threat, to the
20appropriate law enforcement agency, or school entity, as
21determined by the department by rule. The program must work
22with local law enforcement agencies and school entities to
23identify each person to whom a report from the program shall
24be sent.
   25Once the program reports information to the appropriate
26law enforcement agency or school official, or entity, and the
27receiving entity confirms receipt of the report, the department
28shall not be held liable for investigation of the information
29reported. A person participating in good faith in the making
30of a report or participating in any judicial proceeding
31resulting from the report shall have immunity from any civil or
32criminal liability which would otherwise be imposed as a result
33of information shared under the program or learned as a result
34of information shared under the program.
   35The program must provide, in consultation with the
-6-1department of education, training and instruction to
2individuals, including but not limited to school entities and
3law enforcement agencies, on appropriate awareness and response
4to the program; must develop and implement program awareness
5initiatives and provide related educational materials to school
6entities; and must establish guidelines that school entities
7may utilize to respond to a report sent by the program.
   8In consultation with the departments of education, human
9services, and public health and the office of the attorney
10general, the program must create a threat assessment team to
11assist law enforcement agencies and school entities to respond
12appropriately to information reported. Each such department or
13office must designate one employee to serve on the team. The
14team may assist any school entity at the request of local law
15enforcement and school officials or administrators.
   16Information and reports provided through the program are
17confidential under Code section 22.7.
   18The bill creates a safe and sound revolving fund in the
19state treasury under the control of the department. Any moneys
20annually appropriated, granted, or credited to the fund,
21are appropriated to the department for the program. Moneys
22remaining in the revolving fund at the end of the fiscal year
23do not revert to the general fund but shall remain available
24for the safe and sound program. Interest and earnings on
25moneys in the revolving fund are credited to the revolving
26fund.
   27Currently, the department of education is responsible
28for developing a statewide violence prevention program and
29curricula. The bill requires that the department include in
30the curricula instruction on the safe and sound program and how
31students can use the program.
   32School boards and accredited nonpublic school authorities
33must display materials related to the safe and sound program
34in at least three locations within every school building;
35designate at least two members of the licensed instructional
-7-1staff to receive information that is reported to the safe and
2sound program; and submit the school’s emergency operations
3plans and any updates to the plans to the department of
4education. The department may share such plans with law
5enforcement agencies.
   6Under the bill, a person who knowingly provides false
7identification information through the safe and sound toll-free
8hotline, internet site, or mobile application commits a simple
9misdemeanor. A simple misdemeanor is punishable by confinement
10for no more than 30 days and a fine of at least $105 but not
11more than $855.
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