General Assembly: 82 (2007 Regular GA) - Chapter 9 - School policies on harassment and bullying


Published: 2007-02-28

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11 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 9

Sec. 17. Section 124.308, subsection 3, Code 2007, is amended to read as follows: 3. In emergency situations, as defined by rule of the board, schedule II drugs may be dis-

pensed upon electronic, facsimile, or oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the re- quirements of section 124.306. No prescription for a schedule II substance may be refilled.

Sec. 18. Section 124.401, subsection 1, paragraph b, subparagraph (2), subparagraph sub- divisions (a), (b), and (c), Code 2007, are amended to read as follows: (a) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or and their salts have been removed. (b) Cocaine, its salts, optical and geometric isomers, and or salts of isomers. (c) Ecgonine, its derivatives, their salts, isomers, and or salts of isomers.

Sec. 19. Section 124.553, subsection 3, Code 2007, is amended to read as follows: 3. Information contained in the program and any information obtained from it, and infor-

mation contained in the records of requests for information from the program, is privileged and strictly confidential information. Such information is not a confidential public record pur- suant to chapter 22 section 22.7, and is not subject to discovery, subpoena, or other means of legal compulsion for release except as provided in this division. Information from theprogram shall not be released, shared with an agency or institution, or made public except as provided in this division.

Sec. 20. Section 126.2, subsection 2, Code 2007, is amended to read as follows: 2. “Anabolic steroid” means any anabolic steroid, including, but not limited to

oxymetholone, oxandrolone, ethylestrenol, methandrostenolone, stanozolol, nandrolone phenpropionate, nandrolone decanoate, drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, or dehydroepiandrosterone, which substance is identified as an anabolic steroid in section 124.208, subsection 6, and includes any other substance designated by the board as an anabolic steroid through the adoption of rules pursuant to chapter 17A.

Approved February 28, 2007

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CH. 9CH. 9

CHAPTER 9

SCHOOL POLICIES ON HARASSMENT AND BULLYING

S.F. 61

ANACT relating to the establishment of state and school antiharassment and antibullyingpol- icies, providing data collection and reporting requirements, and providing for immunity and other related matters.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 280.12, subsection 2, Code 2007, is amended by adding the following new paragraph: NEW PARAGRAPH. f. Harassment or bullying prevention goals, programs, training, and

other initiatives.

12LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 9

Sec. 2. NEWSECTION. 280.28 HARASSMENTANDBULLYINGPROHIBITED—POLI- CY — IMMUNITY. 1. PURPOSE—FINDINGS—POLICY. The state of Iowa is committed to providing all stu-

dents with a safe and civil school environment in which all members of the school community are treated with dignity and respect. The general assembly finds that a safe and civil school environment is necessary for students to learn and achieve at high academic levels. Harassing and bullying behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed. Therefore, it is the poli- cy of the state of Iowa that school employees, volunteers, and students in Iowa schools shall not engage in harassing or bullying behavior. 2. DEFINITIONS. For purposes of this section, unless the context otherwise requires: a. “Electronic” means any communication involving the transmission of information by

wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging. b. “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 creates an objectively hostile school environment that meets one or more of the following conditions: (1) Places the student in reasonable fear of harm to the student’s person or property. (2) Has a substantially detrimental effect on the student’s physical or mental health. (3) Has the effect of substantially interfering with a student’s academic performance. (4) Has the effect of substantially interfering with the student’s ability to participate in or

benefit from the services, activities, or privileges provided by a school. c. “Trait or characteristic of the student” includes but is not limited to age, color, creed, na-

tional origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical ormental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status. d. “Volunteer” means an individual who has regular, significant contact with students. 3. POLICY. On or before September 1, 2007, the board of directors of a school district and

the authorities in charge of each accredited nonpublic school shall 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, in a manner consistent with this section, as against state and school policy. The board and the authorities shall make a copy of the policy available to all school employees, volunteers, students, and parents or guardians and shall take all appropriate steps to bring the policy against harassment and bullying and the respon- sibilities set forth in the policy to the attention of school employees, volunteers, students, and parents or guardians. Each policy shall, at a minimum, include all of the following compo- nents: a. A statement declaring harassment and bullying to be against state and school policy. The

statement shall include but not be limited to the following provisions: (1) School employees, volunteers, and students in school, on school property, or at any

school function or school-sponsored activity shall not engage in harassing and bullying behav- ior. (2) School employees, volunteers, and students shall not engage in reprisal, retaliation, or

false accusation against a victim, witness, or an individual who has reliable information about such an act of harassment or bullying. b. A definition of harassment and bullying as set forth in this section. c. A description of the type of behavior expected from school employees, volunteers, par-

ents or guardians, and students relative to prevention measures, reporting, and investigation of harassment or bullying. d. The consequences and appropriate remedial action for a person who violates the antiha-

rassment and antibullying policy. e. A procedure for reporting an act of harassment or bullying, including the identification

13 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 10

by job title of the school official responsible for ensuring that the policy is implemented, and the identification of the person or persons responsible for receiving reports of harassment or bullying. f. A procedure for the prompt investigation of complaints, either identifying the school su-

perintendent or the superintendent’s designee as the individual responsible for conducting the investigation, including a statement that investigators will consider the totality of circum- stances presented in determining whether conduct objectively constitutes harassment or bul- lying under this section. g. A statement of the manner in which the policy will be publicized. 4. PROGRAMSENCOURAGED. The board of directors of a school district and the authori-

ties in charge of each accredited nonpublic school are encouraged to establish programs de- signed to eliminate harassment and bullying in schools. To the extent that funds are available for these purposes, school districts and accredited nonpublic schools shall do the following: a. Provide training on antiharassment and antibullying policies to school employees and

volunteers who have significant contact with students. b. Develop a process to provide school employees, volunteers, and students with the skills

and knowledge to help reduce incidents of harassment and bullying. 5. IMMUNITY. A school employee, volunteer, or student, or a student’s parent or guardian

who promptly, reasonably, and in good faith reports an incident of harassment or bullying, in compliancewith the procedures in the policy adopted pursuant to this section, to the appropri- ate school official designated by the school district or accredited nonpublic school, shall be immune from civil or criminal liability relating to such report and to participation in any ad- ministrative or judicial proceeding resulting from or relating to the report. 6. COLLECTION REQUIREMENT. The board of directors of a school district and the au-

thorities in charge of each nonpublic school shall develop andmaintain a system to collect ha- rassment and bullying incidence data. 7. INTEGRATION OF POLICY AND REPORTING. The board of directors of a school dis-

trict and the authorities in charge of each nonpublic school shall integrate its antiharassment and antibullying policy into the comprehensive school improvement plan required under sec- tion 256.7, subsection 21, and shall report data collected under subsection 6, as specified by the department, to the local community. 8. EXISTINGREMEDIESNOTAFFECTED. This section shall not be construed topreclude

a victim from seeking administrative or legal remedies under any applicable provision of law.

Approved March 5, 2007

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CH. 10CH. 10

CHAPTER 10

OCCUPATIONAL LICENSING AND REGULATION — HEALTH CARE PROFESSIONS

S.F. 74

AN ACT renaming health-related examining boards as licensing boards.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 3.20, subsection 2, Code 2007, is amended to read as follows: 2. The examining licensing board shall pursue ameaningful examination and enforcement

procedure which upholds the level of competency of the licensee to insure that the public in- terest is protected.