(Des Moines) Iowa lawmakers moved forward with legislation Tuesday to change how bullying and harassment of students is defined in Iowa Code, removing references to bullying being based on an “actual or perceived trait or characteristic of the student.”
Under current code, harassment and bullying is defined as actions or conduct toward a student based on actual or perceived traits, and which creates an “objectively hostile school environment” for the student. The statute lists 17 characteristics as being included in the definition of harassment and bullying, including race, religion, sexual orientation, gender identity, physical or mental disabilities, political belief and familial status — but says the definition of bullying is not limited to these categories.
House File 149 would cut the definition of harassment and bullying being based on a student’s traits. Speakers in favor of the bill said the definition change was needed because some schools were not enforcing anti-bullying laws and rules if the student was being bullied did not have a quality that was being listed in Iowa Code.
Pam Gronau, a parent, said she supported the definition being changed because during a local School Improvement Advisory Committee, she heard district officials say Iowa Code indicated the difference between bullying and a conflict hinged on having a “difference in an actual or perceived trait or characteristic of the students involved” for acts to constitute bullying.
“They proceeded to give us an example, indicating that if it involved two 6th grade white cisgender females, this would be a conflict rather than bullying,” Gronau said. “I strongly disagree with this. To me, it doesn’t matter if the students have the same demographics. Rather, it should matter if it is repeated and targeted and if it is creating a hostile environment for the student.”
But Melissa Peterson with the Iowa State Education Association said of the issue Gronau described: “I’m afraid is something that sounds like an enforcement issue, not a statute issue.”
“We are not familiar with any situations where this part of statute, that has served us for almost two decades now, has prohibited anybody from following up on allegations of bullying or harassment in the districts,” Peterson said.
She and other education advocates questioned the purpose of removing this language from the statute, and asked lawmakers to exercise caution while changing the language.
Connie Ryan with the Interfaith Alliance of Iowa said that when this measure was signed into law, the language was added describing potential traits that a student could be bullied over to provide school districts guidance, not limit which bullying complaints are deemed valid.
“It is important to highlight the categories of primary concern in order to give guidance to schools when designing and carrying out anti-bullying policies,” she said. “However, the law is also clear that it is designed to protect all children and to address all bullying and harassment.”
Rep. Elinor Levin, D-Iowa City, did not sign off on the legislation, saying that referring to common potential aspects of a student that could lead to bullying may help educators and others know when bullying is occurring.
“I think that that guidance is very helpful, especially to adults who maybe don’t expect to or think of students being bullied because of their familial status,” Levin said. “You know, if a student didn’t grow up being bullied because their parents were divorced and they’re not looking for it — maybe it is something that their attention should be directed to. If … a teacher in a building did not grow up being bullied because of the physical attributes that they present to the world, then maybe that’s something that they should be aware is a common source of bullying. And the fact that this current code does not limit school districts and should not be limiting those policies, to me, says that this is a solution in search of a problem.”
Reps. Helena Hayes and Henry Stone moved the bill forward for consideration by the House Education Committee. Hayes, R-New Sharon, said the legislation will help address concerns brought up by Iowans about the current anti-bullying policy.
“We have concerns that have been brought to us,” Hayes said. “And so, you know, I appreciate the comments about, ‘There’s no need for it, we don’t understand why it’s necessary’ — there apparently does seem to be issues with how this section is being interpreted and how it is being taught, and how bullying is being recorded and reported, and so I would like to see further clarification on this.”
