Iowa Safe Schools Law

Effective September 1, 2007, Iowa Code Chapter 280 Requires both Public and Nonpublic Schools to establish policies prohibiting harassment and bullying against students by employees, school volunteers, or other students. Sexual Orientation and Gender Identity are covered under the Safe Schools Law. Students' may now seek remedies under both Chapter 216 and Chapter 280.

What does the law prohibit?

Harassment or bullying can be written, verbal, electronic or physical conduct based on actual or perceived trait or characteristic of the student which creates an objectively hostile school environment.

Hostile environment means one of the following:

-Conduct which places the student in resonable fear of harm to the student's person or property.

-Conduct which has a substabtially detrimental effect on the student's physical or mental health.

-Conduct which substantially interferes with a student's academic performance.

-Conduct which substantially interferes with the student's ability to participate in or benefit from the services, activities or privileges provided by a school.

Key Findings

-79 Public (21.7%) and 71 Nonpublic Schools (39%) failed to supply a copy of their current policy after two written requests over a period of several months.

-16 out of 285 reporting Public Schools (5.61%) and 10 out of 111 reporting Nonpublic Schools (9%) do not protect students based on sexual orientation.

-25 out of 285 reporting Public Schools (8.77%) and 12 out of 111 reporting Nonpublic Schools (10.81%) do not protect students based on gender identity.

-School districts using IASB Form 1 with IASB supplied appendixes are generally in compliance with state law.

-School districts who have updated to IASB Form 2 have weakened their policies and no longer appear to be in compliance with state law. Specifically, under IASB Form 2, the superintendent no longer is required to report on the progress of reducing bullying and harassment in the district to the school board.

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