An act modifying provisions related to the harassment or bullying of students enrolled in school districts or accredited nonpublic schools, the official text

House File 865 - Introduced HOUSE FILE 865 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HF 149) A BILL FOR An Act modifying provisions related to the harassment or 1 bullying of students enrolled in school districts or 2 accredited nonpublic schools. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1429HV (2) 91 jda/jh H.F. 865 Section 1. Section 279.10, subsection 2, paragraph b, Code 1 2025, is amended to read as follows: 2 b. An attendance center or school authorized to maintain 3 a year-round calendar must serve all students attending the 4 school and shall not be limited based on student achievement or 5 based on the trait or characteristic of the student as defined 6 in section 280.28 , Code 2024 . 7 Sec. 2. Section 280.28, subsection 2, paragraph b, 8 unnumbered paragraph 1, Code 2025, is amended to read as 9 follows: 10 “Harassment” and “bullying” shall be construed to mean any 11 repeated and targeted electronic, written, verbal, or physical 12 act or conduct toward a student which is based on any actual or 13 perceived trait or characteristic of the student and which that 14 creates an objectively hostile school environment that meets 15 one or more of the following conditions: 16 Sec. 3. Section 280.28, subsection 2, paragraph c, Code 17 2025, is amended by striking the paragraph. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill modifies provisions related to the harassment or 22 bullying of students enrolled in school districts or accredited 23 nonpublic schools. 24 Current Code section 280.28 requires school districts and 25 accredited nonpublic schools to adopt a policy declaring 26 harassment and bullying in schools, on school property, and at 27 any school function, or school-sponsored activity, regardless 28 of its location, as against state and school policy. Current 29 Code section 280.28 defines “harassment” and “bullying” to mean 30 any electronic, written, verbal, or physical act or conduct 31 toward a student which is based on any actual or perceived 32 trait or characteristic of the student and which creates an 33 objectively hostile school environment that meets one or 34 more of certain specified conditions. The bill modifies the 35 -1- LSB 1429HV (2) 91 jda/jh 1/ 2 H.F. 865 definition of “harassment” and “bullying” to mean any repeated 1 and targeted electronic, written, verbal, or physical act or 2 conduct toward a student that creates an objectively hostile 3 school environment that meets one or more of certain specified 4 conditions. 5 The definitions of “harassment” and “bullying” used in 6 Code section 280.28 are referenced in Code sections 279.82 7 (intra-district enrollment), 279.83 (notice to parents 8 or guardians related to physical injuries, harassment, or 9 bullying), and 282.18 (open enrollment). 10 The bill strikes the definition of “trait or characteristic 11 of the student” from Code section 280.28. Code section 12 279.10(2)(b) (school year —— beginning date —— exemption) 13 references the definition of “trait or characteristic of the 14 student” contained in Code section 280.28. The bill makes 15 a conforming change to Code section 279.10(2)(b) to cite to 16 the definition of “trait or characteristic of the student” 17 contained in Code section 280.28, Code 2024. 18 -2- LSB 1429HV (2) 91 jda/jh 2/ 2