By Marissa Payne, Des Moines Register
- Iowa GOP lawmakers passed a bill redefining bullying and harassment in schools, removing a list of specific traits like sexual orientation and race that bullies might target.
- Republicans argue the change clarifies existing law and ensures equal protection for all students, claiming some schools misinterpret current statutes.
- Democrats counter that the existing law already covers all bullying and say removing the list of traits makes students more vulnerable.
Iowa schools would face new definitions of bullying and harassment under a bill Iowa Republican lawmakers have sent to Gov. Kim Reynolds to be signed into law.
House File 865 changes the definition of bullying and harassment to mean any “repeated and targeted electronic, written, verbal or physical act or conduct toward a student that creates an objectively hostile school environment.”
It also removes from Iowa law a list of traits that a bully could target, such as a student’s sexual orientation, gender identity, race or religion.
The law currently defines bullying and harassment as any electronic, written, verbal or physical act or conduct “based on any actual or perceived trait” that creates an objectively hostile school environment, but says the traits are not limited to those listed.
The measure passed both chambers in party-line votes, 32-16 in the Iowa Senate on April 29 and 64-33 in the House on March 18.
Iowa Gov. Kim Reynolds’ political career has spanned years of change in the Hawkeye State. Here are photos we’ve captured during it.
Republicans say the bill helps school officials who misinterpret current law
Sen. Sandy Salmon, R-Janesville, said the current law has led school officials to believe their hands are tied in responding to reported bullying. She argued that some have misinterpreted state law to consider behavior bullying or harassment only when it is based on one of the characteristics outlined in state law.
She said this has led to unequal treatment of students and underreporting of bullying, so the proposed law changes ensure that all students are protected.
“This makes it clear that there’s a fair and consistent standard for everyone, and that everyone is to receive the same level of protection,” Salmon said.
Senate Education Committee Chair Lynn Evans, R-Aurelia, said some school districts are misinterpreting the existing list of characteristics in Iowa Code and are deeming some instances of bullying a “disagreement” or “skirmish” rather than harassment.
“Just because you don’t fit the traits doesn’t mean … someone should get off on punishment because the person they’re bullying doesn’t meet certain traits,” Evans said. “Every child should be protected in schools. Every child, not just because they match up some certain traits that we decided in a laundry list a number of years ago in Iowa Code.”
Existing Iowa law doesn’t limit bullying definition, Democrats say
Democrats contend Iowa Code doesn’t limit bullying to being related to the listed traits because of the “not limited to” language, but these traits can be common reasons students are bullied.
“The vehicle to address bullying and harassment is already in code,” said Sen. Mike Zimmer, D-DeWitt, a former school board president. “It is already in board policy. It is in every single school district in this state. If an administrator is misinterpreting this, this is not going to solve that.”
Sen. Sarah Trone Garriott, D-West Des Moines, said this legislation throws out guidance for school districts and makes students more vulnerable.
“Iowa schools should have a ‘no tolerance’ approach to bullying, and what this legislation does is it raises the bar and makes it harder for families and students and schools to address the bullying that’s happening right now,” Trone Garriott said.
Growing up, Sen. Matt Blake, D-Urbandale, said he was picked on for being more engrossed in history and World War II books than in sports, making him stand out as different from his peers. He struggled with depression and suicidal thoughts as a result.
This bill will make it harder for children who are bullied to seek protection from their schools by requiring that harassing behavior be “repeated” to qualify as bullying, Blake said. He said his own lowest point came from being bullied by someone who had never targeted him before.
“You never know what that behavior will be that sets a child off, and taking these restrictions and making it harder to protect our children is not something we should be doing in this body,” Blake said. “Taking a list of characteristics that children target and taking them out of the law isn’t going to make anybody better, and it’s not going to protect children. It’s going to make the mental health that I went through more applicable for many more students throughout Iowa.”
Marissa Payne covers the Iowa Statehouse and politics for the Register. Reach her by email at [email protected]. Follow her on X, formerly known as Twitter, at @marissajpayne.
Stay in the know with stories that matter — visit HolaAmericaNews.com for the latest news, culture, and community updates!
Facebook Comments