Capitol Notebook: Proposed change to state’s anti-bullying law advances

DES MOINES — The definition that public schools use to identify bullying would change under legislation advanced Monday by Republicans on the Iowa Senate Education Committee.

Iowa Code now defines bullying and harassment as “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.”

Perceived traits or characteristics listed in the code include but are not limited to race, sex, sexual orientation, religion, gender identity, political party preference, age, creed, socioeconomic status and physical or mental ability. House File 865 would remove these perceived traits and characteristics from the definition.

“The problem has become that some schools only believe the behavior qualifies as fully in harassment when the behavior is based on traits listed in the law,” Republican Sen. Sandy Salmon of Janesville said. “Those schools don't believe they are required to act unless the behavior is based on one of the traits listed. Those school officials believe their hands are tied.”

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Democratic Sen. Sarah Trone Gariott of West Des Moines expressed concern that removing perceived traits and characteristics from the definition of bullying and harassment would make if more difficult for schools to see trends in bullying based on specific characteristics.

“We need to be able to respond if we're seeing bullying in a specific category,” Trone Gariott said. “There needs to be training, professional development, education for the students as well. And so to me, this is taking away some important aspects of our bullying laws, but then also making it so much harder for students and parents to get that bullying reported, because it's raising the threshold.”

Sen. Mike Zimmer, a Democrat from DeWitt, said he disagrees with removing characteristics and traits from the definition, but agrees with adding “targeted and repeated” to the law.

During his time serving on the Central DeWitt School Board, Zimmer said having this differentiation would’ve helped determine how to handle different cases of bullying.

“A single incident, if the investigation was done, OK, this was a he-said, she-said, and we could deal with that differently,” Zimmer said. “If it was, ‘I told you to stop, you didn't stop,’ and then it just kept going … it took us in a different direction.”

The bill was passed out of the Iowa House in March. It will go to the full Senate for a vote before it can go to the governor for a signature.

Bill banning DEI college requirements moves

Iowa’s public universities could not require courses that deal with diversity, equity, inclusion or critical race theory under legislation moving in the Iowa Senate.

House Republicans previously passed House File 269; the bill was advanced by Republicans on a Senate subcommittee. It was scheduled for consideration by the Senate Education Committee later Monday, but was deferred. It still may be considered later this week ahead of a key legislative deadline for bills to be passed out of one full chamber and a committee in the opposite chamber.

The bill is supported by individuals and groups who are generally opposed to diversity, equity and inclusion programs in government or public education. They claim the programs are divisive.

Defenders of diversity, equity and inclusion programs and curriculum and opponents of HF 269 say the programs have become unfairly vilified.

Gazette-Lee Des Moines Bureau

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