Simplified Bullying Law Moves Ahead in Senate
It has been 18 years since the original bill on bullying passed the Legislature. Iowa’s law ties bullying to a list of traits and characteristics which invites identity politics into discipline. House File (HF) 865 eliminates the list of traits or characteristics which says bullying is tied to the following, “age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.”
HF 865 focuses on behavior over identity and applies the same standard to all kids. The emphasis placed on the list of traits, intentionally or not, had become wrapped up into identity politics left-wing social justice.
The original concerns about that 2007 law were that the practical implementation of the law, despite the words “includes but is not limited to” would veer toward some school personnel narrowly applying the law by only focusing on enumerated traits. In other words, if a student doesn’t have one or more of the listed traits, that student cannot be bullied. The situation that student is experiencing is a conflict. Instead of evaluating the negative behavior of one student towards another student, it evaluates the traits of the student first and then assigns a label of bullying or a conflict based on those traits.
Additionally, the bill adds the words “repeated” and “targeted” to the definition of harassment and bullying. Under the bill, that definition would read:
Harassment and bullying shall be construed to mean any repeated and targeted electronic, written, verbal or physical act or conduct toward a student that creates an objectively hostile school environment that meets one or more of the following conditions:
- Places the student in reasonable fear of harm to the student’s person or property.
- Has a substantially detrimental effect on the student’s physical or mental health.
- Has the effect of substantially interfering with a student’s academic performance.
- Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
This week the Senate Education Committee approved HF 865. The bill awaits final approval on the Senate floor.
With these changes Iowa’s bullying law focuses on what we all know bullying is – mean and persistent behavior of one student towards another student instead of focusing on identity, systemic inequalities or social justice.
HF 865 focuses on a straightforward, individual-centered approach rooted in observable behavior, universal standards, and personal responsibility, avoiding an overreach into cultural or ideological territory.
School bullying is repeated and targeted aggression by one or more students against another, where the aggressor exploits a clear advantage in strength, numbers, or social leverage to cause physical, emotional, or social harm. It’s about actions. A kid picking on another kid because they’re weak, weird, or just there doesn’t need a lecture on privilege or a list of protected traits; it’s bullying if it’s mean, ongoing, and one-sided.
HF 865 aligns with what Iowans voted for in 2024. It brings a practical, no-nonsense approach over an overly sensitive or politicized framework. |