Print
Senate File 390 - IntroducedA Bill ForAn Act 1relating to state and school antiharassment and
2antibullying policies, providing for training for school
3personnel, establishing a bullying and violence prevention
4student mentoring pilot program and a school climate
5improvement grant program, providing for a school climate
6and bullying work group, and making an appropriation.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.9, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 61. Subject to an appropriation of funds by
4the general assembly, ensure each school district has access to
5adequate training on conducting investigations of complaints of
6incidents of harassment or bullying pursuant to section 280.28
7by offering such training on an annual basis to at least one
8employee per district.
9 Sec. 2. NEW SECTION. 256.25 Bullying and violence
10prevention student mentoring pilot program.
111. Subject to an appropriation of funds by the general
12assembly, the department shall establish a student mentoring
13pilot program to explore how student leadership can help
14prevent bullying and violence in schools. The program shall
15promote best practices for bullying and violence prevention for
16middle and high school students.
172. The department shall establish the program in at least
18two middle schools and two high schools in the state. The
19selected schools shall include both urban and rural schools.
203. The department shall establish criteria for the
21selection of participating schools and evaluation of the
22program.
23 Sec. 3. NEW SECTION. 256.101 School climate improvement
24grant program.
251. For purposes of this section, “harassment” and “bullying”
26mean the same as defined in section 280.28.
272. A school climate improvement grant program is
28established in the department to build upon previous state
29efforts to promote school safety, including the Iowa safe and
30supportive schools grant and program, by providing funds to
31school districts and accredited nonpublic schools to maintain,
32improve, and promote safe and supportive learning environments
33in this state.
343. The department shall award funds from the program
35to schools on a competitive grant basis. Awards shall be
-1-1consistent with the following goals of the program:
2a. To utilize research-based and outcome-based best
3practices in implementing antiharassment and antibullying
4efforts.
5b. To assist schools to promote a climate of greater
6productivity, safety, and learning.
7c. To assist schools in the professional development of
8staff in research-based and outcome-based best practices to
9implement school safety programs and classroom management
10programs.
11d. To assist schools in enhancing and coordinating
12antiviolence efforts between schools, professional, parental,
13governmental, law enforcement, and community organizations and
14associations.
154. Grants from the program may be used to fund school
16programs or activities including but not limited to the
17following:
18a. Qualified staff training to implement section 280.28.
19b. Technical assistance for improved classroom management.
20c. School safety programs that incorporate research-based
21and outcome-based best practices that are intended to address
22risk factors to reduce incidents of problem behaviors among
23students including antiharassment and antibullying programs.
24d. Mental health demonstration projects.
25e. Safety training and resources that enhance the overall
26safety of students and staff.
275. The department shall give priority in grant awards to the
28following applicants:
29a. Applicants that utilize data to demonstrate need based on
30the number or severity of incidents of harassment or bullying
31the applicants have experienced or other data that indicate
32need.
33b. Applicants that provide a commitment of additional funds
34from public or private sources for the programs or activities
35for which a grant is sought.
-2- 16. The department shall pursue additional funding from
2public and private sources to support the program.
37. The department shall adopt rules pursuant to chapter
417A to administer the program, including but not limited to an
5application process and grant award criteria.
6 Sec. 4. Section 280.28, subsection 2, paragraphs a and c,
7Code 2017, are amended to read as follows:
8a. “Electronic” means any communication involving the
9transmission of information by wire, radio, optical cable,
10electromagnetic, or other similar means. “Electronic” includes
11but is not limited to communication via electronic mail,
12internet-based communications including social networking
13sites, pager service, cell phones, and electronic text
14messaging, or any other electronic communication site, device,
15or means.
16c. “Trait or characteristic of the student” includes but
17is not limited to age, color, creed, national origin, race,
18religion, marital status, sex, sexual orientation, gender
19identity, physical attributes, physical or mental ability or
20disability, ancestry, political party preference, political
21belief, socioeconomic status, or familial status, behavior, or
22any other distinguishing characteristic. This paragraph shall
23be construed broadly to achieve the purposes of this section.
24 Sec. 5. Section 280.28, subsection 3, Code 2017, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. h. A procedure for the notification as
27soon as practicable of the parents or guardians of the alleged
28targeted students and perpetrators in a reported incident
29of harassment or bullying. The procedure shall include an
30exception to the notification requirement if a school official
31or a student whose parent or guardian would otherwise be
32notified reasonably believes notification would subject the
33student to rejection, abuse, or neglect.
34 Sec. 6. Section 280.28, Code 2017, is amended by adding the
35following new subsections:
-3-1 NEW SUBSECTION. 9. Authority off school grounds.
2a. A school official may investigate and impose school
3discipline in a founded case of harassment or bullying that
4occurs outside of school, off of school property, or away from
5a school function or school-sponsored activity if all of the
6following apply:
7(1) An incident of harassment or bullying is reported
8pursuant to the school’s policy adopted under subsection 3,
9paragraph “e”.
10(2) The alleged incident of harassment or bullying has
11an effect on a student on school grounds that creates an
12objectively hostile school environment that meets one or more
13of the conditions set out under subsection 2, paragraph “b”.
14b. A school official’s investigation and response to an
15alleged incident of bullying or harassment that occurs outside
16of school, off of school property, or away from a school
17function or school-sponsored activity may include referring
18the matter to appropriate community-based agencies including
19but not limited to social services agencies, law enforcement
20agencies, and nonprofit organizations.
21 NEW SUBSECTION. 10. Rule of construction. This section
22shall not be construed to diminish a school administrator’s
23discretion to impose discipline or take other action in the
24case of an unfounded incident of harassment or bullying if a
25student’s behavior otherwise constitutes student misconduct
26based on other grounds.
27 Sec. 7. SCHOOL CLIMATE AND BULLYING WORK GROUP.
281. The department of education shall convene a
29public-private work group of representatives of state and local
30agencies, citizens, community groups, and organizations who
31have experience and expertise in the areas of antibullying
32education, research, and training. The work group, after
33reviewing existing research, data, and strategies, shall
34provide recommendations to the department regarding best
35practices, training, resources, additional research needs,
-4-1data collection, changes to state law and administrative
2rules, and any other matters to enhance statewide school
3climate improvement and bullying prevention, awareness, and
4intervention.
52. The membership of the work group shall include but not be
6limited to the following, to be appointed by the director:
7a. At least three Iowans who are experts in research-based
8antibullying curricula or programs.
9b. A public or nonpublic high school student.
10c. A parent of a student enrolled in a public elementary or
11secondary school on a full-time basis.
12d. A parent of a student enrolled in a nonpublic elementary
13or secondary school on a full-time basis.
14e. A member from nominees submitted by the school
15administrators of Iowa.
16f. A member from nominees submitted by the Iowa association
17of school boards.
18g. A member from nominees submitted by the Iowa state
19education association.
20h. Representatives from any organizations representing
21other relevant public or nonpublic school professionals.
22i. A representative from a statewide organization that
23provides research-based training on bullying for school
24professionals.
25j. A representative from at least one statewide
26organization with at least five years’ experience in advocating
27on bullying prevention based on research-based best practices.
28k. A representative for children placed in foster care.
29l. A representative of school counselors.
30m. A member from nominees submitted by the Iowa parent
31teacher association.
323. When making appointments to the work group, the director
33shall ensure that public, nonpublic, urban, and rural schools
34are adequately represented by the membership of the work group.
354. The work group shall also include two ex officio members
-5-1of each house of the general assembly. One member each shall
2be selected by the majority leader of the senate and by the
3minority leader of the senate, and one member each shall be
4selected by the speaker of the house of representatives and by
5the minority leader of the house of representatives. Members
6of the general assembly shall serve for terms as provided in
7section 69.16B and shall be entitled to receive per diem and
8necessary travel and actual expenses pursuant to section 2.10,
9subsection 5, while carrying out their official duties as
10members of the work group.
115. The department shall convene the work group by October
121, 2017. The work group shall submit its findings and
13recommendations in a final report to the department and the
14chairpersons and ranking members of the senate and house
15education committees by December 22, 2017.
16 Sec. 8. APPROPRIATION. There is appropriated from the
17general fund of the state to the department of education
18for the fiscal year beginning July 1, 2017, and ending June
1930, 2018, the following amounts, or so much thereof as is
20necessary, to be used for the purposes designated:
21For the provision of grants from the school climate
22improvement grant program established in section 256.101:
.................................................. $231,000,000
24Notwithstanding section 8.33, moneys appropriated in this
25section that remain unencumbered or unobligated at the close of
26the fiscal year shall not revert but shall remain available for
27expenditure for the purposes designated until the close of the
28succeeding fiscal year.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill requires the director of the department of
33education, subject to an appropriation of funds by the general
34assembly, to ensure each school district has access to adequate
35training on conducting investigations of complaints of
-6-1incidents of harassment or bullying pursuant to Code section
2280.28, the state law relating to school antiharassment and
3antibullying policies, by offering such training on an annual
4basis to at least one employee per district.
5The bill requires the department of education, subject to an
6appropriation of funds by the general assembly, to establish
7a student mentoring pilot program to explore how student
8leadership can help prevent bullying and violence in schools.
9The program shall promote best practices for bullying and
10violence prevention for middle and high school students. The
11department must establish the program in at least two middle
12schools and two high schools, which shall include both urban
13and rural schools. The department must establish criteria
14for selection of participating schools and evaluation of the
15program.
16The bill establishes a school climate improvement grant
17program in the department of education to build upon previous
18state efforts to promote school safety, including the Iowa safe
19and supportive schools grant and program, by providing funds to
20school districts and accredited nonpublic schools to maintain,
21improve, and promote safe and supportive learning environments
22in this state.
23The department shall award funds from the program to schools
24on a competitive grant basis. Awards shall be consistent with
25the goals of the program as specified in the bill.
26Grants from the program may be used to fund school programs
27or activities including but not limited to qualified staff
28training to implement Code section 280.28, technical assistance
29for improved classroom management, and certain other programs
30and activities specified in the bill.
31The department shall give priority in grant awards to
32certain applicants specified in the bill.
33The bill appropriates to the department for fiscal year
342017-2018, for carryforward into fiscal year 2018-2019, $1
35million to be used for grants from the program.
-7- 1The bill modifies the definition of “electronic” under Code
2section 280.28 by adding any other electronic communication
3site, device, or means to the definition and by including
4social networking sites as part of the term “internet-based
5communications”.
6Under Code section 280.28, subsection 2, “harassment” and
7“bullying” shall be construed to mean any electronic, written,
8verbal, or physical act or conduct toward a student which is
9based on any actual or perceived trait or characteristic of
10the student and which creates an objectively hostile school
11environment that meets one or more of certain conditions. The
12bill modifies the definition of “harassment” and “bullying”
13under Code section 280.28 by adding behavior or any other
14distinguishing characteristic to the definition. The bill
15provides that the definition of “harassment” and “bullying” is
16to be construed broadly to achieve the purposes of the law.
17The bill requires school antiharassment and antibullying
18policies to include a procedure for the notification as soon as
19practicable of the parents or guardians of the alleged targeted
20students and perpetrators in a reported incident of harassment
21or bullying. The procedure must include an exception to the
22notification requirement if a school official or a student
23whose parent or guardian would otherwise be notified reasonably
24believes notification would subject the targeted student to
25rejection, abuse, or neglect.
26The bill grants school officials the authority to
27investigate and impose school discipline or take other action
28in cases of alleged incidents of harassment or bullying that
29occur outside of school, off of school property, or away from
30school functions or school-sponsored activities if certain
31conditions are met. Those conditions are that an incident of
32harassment or bullying is reported pursuant to the school’s
33antiharassment and antibullying policy; and that the alleged
34incident of harassment or bullying has an effect on school
35grounds that creates an objectively hostile school environment
-8-1that places the student in reasonable fear of harm to the
2student’s person or property; has a substantially detrimental
3effect on the student’s physical or mental health; has the
4effect of substantially interfering with a student’s academic
5performance; or has the effect of substantially interfering
6with the student’s ability to participate in or benefit from
7the services, activities, or privileges provided by a school.
8The bill provides that a school official’s investigation
9and response to an alleged incident of bullying or harassment
10that occurs outside of school, off of school property, or away
11from a school function or school-sponsored activity may include
12referring the matter to appropriate community-based agencies.
13The bill provides that Code section 280.28 shall not be
14construed to diminish a school administrator’s discretion
15to impose discipline or take other action in the case of an
16unfounded incident of harassment or bullying if a student’s
17behavior otherwise constitutes student misconduct based on
18other grounds.
19The bill requires the department of education to convene
20a public-private work group of representatives of state and
21local agencies, citizens, community groups, and organizations
22who have experience and expertise in the areas of antibullying
23education, research, and training. The work group, after
24reviewing existing research, data, and strategies, shall
25provide recommendations to the department regarding matters
26to enhance statewide school climate improvement and bullying
27prevention, awareness, and intervention. The bill provides for
28membership of the work group to be appointed by the director of
29the department. When making appointments to the work group,
30the director must ensure that public, nonpublic, urban, and
31rural schools are adequately represented by the membership
32of the work group. The work group shall also include ex
33officio legislative members. The department must convene the
34work group by October 1, 2017. The work group must submit
35its findings and recommendations in a final report to the
-9-1department and the chairpersons and ranking members of the
2senate and house education committees by December 22, 2017.
-10-je/nh
2antibullying policies, providing for training for school
3personnel, establishing a bullying and violence prevention
4student mentoring pilot program and a school climate
5improvement grant program, providing for a school climate
6and bullying work group, and making an appropriation.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.9, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 61. Subject to an appropriation of funds by
4the general assembly, ensure each school district has access to
5adequate training on conducting investigations of complaints of
6incidents of harassment or bullying pursuant to section 280.28
7by offering such training on an annual basis to at least one
8employee per district.
9 Sec. 2. NEW SECTION. 256.25 Bullying and violence
10prevention student mentoring pilot program.
111. Subject to an appropriation of funds by the general
12assembly, the department shall establish a student mentoring
13pilot program to explore how student leadership can help
14prevent bullying and violence in schools. The program shall
15promote best practices for bullying and violence prevention for
16middle and high school students.
172. The department shall establish the program in at least
18two middle schools and two high schools in the state. The
19selected schools shall include both urban and rural schools.
203. The department shall establish criteria for the
21selection of participating schools and evaluation of the
22program.
23 Sec. 3. NEW SECTION. 256.101 School climate improvement
24grant program.
251. For purposes of this section, “harassment” and “bullying”
26mean the same as defined in section 280.28.
272. A school climate improvement grant program is
28established in the department to build upon previous state
29efforts to promote school safety, including the Iowa safe and
30supportive schools grant and program, by providing funds to
31school districts and accredited nonpublic schools to maintain,
32improve, and promote safe and supportive learning environments
33in this state.
343. The department shall award funds from the program
35to schools on a competitive grant basis. Awards shall be
-1-1consistent with the following goals of the program:
2a. To utilize research-based and outcome-based best
3practices in implementing antiharassment and antibullying
4efforts.
5b. To assist schools to promote a climate of greater
6productivity, safety, and learning.
7c. To assist schools in the professional development of
8staff in research-based and outcome-based best practices to
9implement school safety programs and classroom management
10programs.
11d. To assist schools in enhancing and coordinating
12antiviolence efforts between schools, professional, parental,
13governmental, law enforcement, and community organizations and
14associations.
154. Grants from the program may be used to fund school
16programs or activities including but not limited to the
17following:
18a. Qualified staff training to implement section 280.28.
19b. Technical assistance for improved classroom management.
20c. School safety programs that incorporate research-based
21and outcome-based best practices that are intended to address
22risk factors to reduce incidents of problem behaviors among
23students including antiharassment and antibullying programs.
24d. Mental health demonstration projects.
25e. Safety training and resources that enhance the overall
26safety of students and staff.
275. The department shall give priority in grant awards to the
28following applicants:
29a. Applicants that utilize data to demonstrate need based on
30the number or severity of incidents of harassment or bullying
31the applicants have experienced or other data that indicate
32need.
33b. Applicants that provide a commitment of additional funds
34from public or private sources for the programs or activities
35for which a grant is sought.
-2- 16. The department shall pursue additional funding from
2public and private sources to support the program.
37. The department shall adopt rules pursuant to chapter
417A to administer the program, including but not limited to an
5application process and grant award criteria.
6 Sec. 4. Section 280.28, subsection 2, paragraphs a and c,
7Code 2017, are amended to read as follows:
8a. “Electronic” means any communication involving the
9transmission of information by wire, radio, optical cable,
10electromagnetic, or other similar means. “Electronic” includes
11but is not limited to communication via electronic mail,
12internet-based communications including social networking
13sites, pager service, cell phones, and electronic text
14messaging, or any other electronic communication site, device,
15or means.
16c. “Trait or characteristic of the student” includes but
17is not limited to age, color, creed, national origin, race,
18religion, marital status, sex, sexual orientation, gender
19identity, physical attributes, physical or mental ability or
20disability, ancestry, political party preference, political
21belief, socioeconomic status, or familial status, behavior, or
22any other distinguishing characteristic. This paragraph shall
23be construed broadly to achieve the purposes of this section.
24 Sec. 5. Section 280.28, subsection 3, Code 2017, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. h. A procedure for the notification as
27soon as practicable of the parents or guardians of the alleged
28targeted students and perpetrators in a reported incident
29of harassment or bullying. The procedure shall include an
30exception to the notification requirement if a school official
31or a student whose parent or guardian would otherwise be
32notified reasonably believes notification would subject the
33student to rejection, abuse, or neglect.
34 Sec. 6. Section 280.28, Code 2017, is amended by adding the
35following new subsections:
-3-1 NEW SUBSECTION. 9. Authority off school grounds.
2a. A school official may investigate and impose school
3discipline in a founded case of harassment or bullying that
4occurs outside of school, off of school property, or away from
5a school function or school-sponsored activity if all of the
6following apply:
7(1) An incident of harassment or bullying is reported
8pursuant to the school’s policy adopted under subsection 3,
9paragraph “e”.
10(2) The alleged incident of harassment or bullying has
11an effect on a student on school grounds that creates an
12objectively hostile school environment that meets one or more
13of the conditions set out under subsection 2, paragraph “b”.
14b. A school official’s investigation and response to an
15alleged incident of bullying or harassment that occurs outside
16of school, off of school property, or away from a school
17function or school-sponsored activity may include referring
18the matter to appropriate community-based agencies including
19but not limited to social services agencies, law enforcement
20agencies, and nonprofit organizations.
21 NEW SUBSECTION. 10. Rule of construction. This section
22shall not be construed to diminish a school administrator’s
23discretion to impose discipline or take other action in the
24case of an unfounded incident of harassment or bullying if a
25student’s behavior otherwise constitutes student misconduct
26based on other grounds.
27 Sec. 7. SCHOOL CLIMATE AND BULLYING WORK GROUP.
281. The department of education shall convene a
29public-private work group of representatives of state and local
30agencies, citizens, community groups, and organizations who
31have experience and expertise in the areas of antibullying
32education, research, and training. The work group, after
33reviewing existing research, data, and strategies, shall
34provide recommendations to the department regarding best
35practices, training, resources, additional research needs,
-4-1data collection, changes to state law and administrative
2rules, and any other matters to enhance statewide school
3climate improvement and bullying prevention, awareness, and
4intervention.
52. The membership of the work group shall include but not be
6limited to the following, to be appointed by the director:
7a. At least three Iowans who are experts in research-based
8antibullying curricula or programs.
9b. A public or nonpublic high school student.
10c. A parent of a student enrolled in a public elementary or
11secondary school on a full-time basis.
12d. A parent of a student enrolled in a nonpublic elementary
13or secondary school on a full-time basis.
14e. A member from nominees submitted by the school
15administrators of Iowa.
16f. A member from nominees submitted by the Iowa association
17of school boards.
18g. A member from nominees submitted by the Iowa state
19education association.
20h. Representatives from any organizations representing
21other relevant public or nonpublic school professionals.
22i. A representative from a statewide organization that
23provides research-based training on bullying for school
24professionals.
25j. A representative from at least one statewide
26organization with at least five years’ experience in advocating
27on bullying prevention based on research-based best practices.
28k. A representative for children placed in foster care.
29l. A representative of school counselors.
30m. A member from nominees submitted by the Iowa parent
31teacher association.
323. When making appointments to the work group, the director
33shall ensure that public, nonpublic, urban, and rural schools
34are adequately represented by the membership of the work group.
354. The work group shall also include two ex officio members
-5-1of each house of the general assembly. One member each shall
2be selected by the majority leader of the senate and by the
3minority leader of the senate, and one member each shall be
4selected by the speaker of the house of representatives and by
5the minority leader of the house of representatives. Members
6of the general assembly shall serve for terms as provided in
7section 69.16B and shall be entitled to receive per diem and
8necessary travel and actual expenses pursuant to section 2.10,
9subsection 5, while carrying out their official duties as
10members of the work group.
115. The department shall convene the work group by October
121, 2017. The work group shall submit its findings and
13recommendations in a final report to the department and the
14chairpersons and ranking members of the senate and house
15education committees by December 22, 2017.
16 Sec. 8. APPROPRIATION. There is appropriated from the
17general fund of the state to the department of education
18for the fiscal year beginning July 1, 2017, and ending June
1930, 2018, the following amounts, or so much thereof as is
20necessary, to be used for the purposes designated:
21For the provision of grants from the school climate
22improvement grant program established in section 256.101:
.................................................. $231,000,000
24Notwithstanding section 8.33, moneys appropriated in this
25section that remain unencumbered or unobligated at the close of
26the fiscal year shall not revert but shall remain available for
27expenditure for the purposes designated until the close of the
28succeeding fiscal year.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill requires the director of the department of
33education, subject to an appropriation of funds by the general
34assembly, to ensure each school district has access to adequate
35training on conducting investigations of complaints of
-6-1incidents of harassment or bullying pursuant to Code section
2280.28, the state law relating to school antiharassment and
3antibullying policies, by offering such training on an annual
4basis to at least one employee per district.
5The bill requires the department of education, subject to an
6appropriation of funds by the general assembly, to establish
7a student mentoring pilot program to explore how student
8leadership can help prevent bullying and violence in schools.
9The program shall promote best practices for bullying and
10violence prevention for middle and high school students. The
11department must establish the program in at least two middle
12schools and two high schools, which shall include both urban
13and rural schools. The department must establish criteria
14for selection of participating schools and evaluation of the
15program.
16The bill establishes a school climate improvement grant
17program in the department of education to build upon previous
18state efforts to promote school safety, including the Iowa safe
19and supportive schools grant and program, by providing funds to
20school districts and accredited nonpublic schools to maintain,
21improve, and promote safe and supportive learning environments
22in this state.
23The department shall award funds from the program to schools
24on a competitive grant basis. Awards shall be consistent with
25the goals of the program as specified in the bill.
26Grants from the program may be used to fund school programs
27or activities including but not limited to qualified staff
28training to implement Code section 280.28, technical assistance
29for improved classroom management, and certain other programs
30and activities specified in the bill.
31The department shall give priority in grant awards to
32certain applicants specified in the bill.
33The bill appropriates to the department for fiscal year
342017-2018, for carryforward into fiscal year 2018-2019, $1
35million to be used for grants from the program.
-7- 1The bill modifies the definition of “electronic” under Code
2section 280.28 by adding any other electronic communication
3site, device, or means to the definition and by including
4social networking sites as part of the term “internet-based
5communications”.
6Under Code section 280.28, subsection 2, “harassment” and
7“bullying” shall be construed to mean any electronic, written,
8verbal, or physical act or conduct toward a student which is
9based on any actual or perceived trait or characteristic of
10the student and which creates an objectively hostile school
11environment that meets one or more of certain conditions. The
12bill modifies the definition of “harassment” and “bullying”
13under Code section 280.28 by adding behavior or any other
14distinguishing characteristic to the definition. The bill
15provides that the definition of “harassment” and “bullying” is
16to be construed broadly to achieve the purposes of the law.
17The bill requires school antiharassment and antibullying
18policies to include a procedure for the notification as soon as
19practicable of the parents or guardians of the alleged targeted
20students and perpetrators in a reported incident of harassment
21or bullying. The procedure must include an exception to the
22notification requirement if a school official or a student
23whose parent or guardian would otherwise be notified reasonably
24believes notification would subject the targeted student to
25rejection, abuse, or neglect.
26The bill grants school officials the authority to
27investigate and impose school discipline or take other action
28in cases of alleged incidents of harassment or bullying that
29occur outside of school, off of school property, or away from
30school functions or school-sponsored activities if certain
31conditions are met. Those conditions are that an incident of
32harassment or bullying is reported pursuant to the school’s
33antiharassment and antibullying policy; and that the alleged
34incident of harassment or bullying has an effect on school
35grounds that creates an objectively hostile school environment
-8-1that places the student in reasonable fear of harm to the
2student’s person or property; has a substantially detrimental
3effect on the student’s physical or mental health; has the
4effect of substantially interfering with a student’s academic
5performance; or has the effect of substantially interfering
6with the student’s ability to participate in or benefit from
7the services, activities, or privileges provided by a school.
8The bill provides that a school official’s investigation
9and response to an alleged incident of bullying or harassment
10that occurs outside of school, off of school property, or away
11from a school function or school-sponsored activity may include
12referring the matter to appropriate community-based agencies.
13The bill provides that Code section 280.28 shall not be
14construed to diminish a school administrator’s discretion
15to impose discipline or take other action in the case of an
16unfounded incident of harassment or bullying if a student’s
17behavior otherwise constitutes student misconduct based on
18other grounds.
19The bill requires the department of education to convene
20a public-private work group of representatives of state and
21local agencies, citizens, community groups, and organizations
22who have experience and expertise in the areas of antibullying
23education, research, and training. The work group, after
24reviewing existing research, data, and strategies, shall
25provide recommendations to the department regarding matters
26to enhance statewide school climate improvement and bullying
27prevention, awareness, and intervention. The bill provides for
28membership of the work group to be appointed by the director of
29the department. When making appointments to the work group,
30the director must ensure that public, nonpublic, urban, and
31rural schools are adequately represented by the membership
32of the work group. The work group shall also include ex
33officio legislative members. The department must convene the
34work group by October 1, 2017. The work group must submit
35its findings and recommendations in a final report to the
-9-1department and the chairpersons and ranking members of the
2senate and house education committees by December 22, 2017.
-10-je/nh