February 8, 2007
The House Chambers was alive for our first late debate last evening as we debated the “bullying bill”. This bill has been offered for several years recently. When the Republicans were in control, they resisted passing it, because they said that state rules already instruct school districts to develop an anti-bullying policy, and most schools have done that.
With the Democrats in the majority, it was inevitable that it would surface this year. The bill specifically singles out a list of traits or characteristics that includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, several orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.
Representative Mike May offered an amendment which would strike the list above, and said “The board of directors of a school district shall adopt a policy prohibiting bullying of any student at any time under any circumstances in schools, on school property, and at any school functions or school-sponsored activity regardless of its location. The policy shall include disciplinary actions that may be taken against any student, school employee, or volunteer engaged in bullying and any school employee who knows of, observes, and fails to stop or report a bullying incident. The policy shall be published in the student handbook and all students, parents and guardians, and school employees shall be provided with a copy of the policy at the start of each school year”.
The amendment failed on a recorded party-line vote.
There were many other amendments offered to improve the bill, but the majority party declined to accept most of them. One that they did accept was an amendment that stated that non-public schools could not be required to go against the teaching or consideration of doctrinal matters.
House Minority Leader Christopher Rants asked, “Why are the four-eyed, band-playing, choir-singing, too small to play high school athletics, why are those traits not worthy enough to make this list?” said Rep. Christopher Rants, a Republican from Sioux City. “How does adding ‘any’ or ‘all’ diminish what you want to accomplish?”
One of the concerns that was repeatedly raised was whether the language in the bill was constitutional. One example of this is the language in the bill which states, “A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of harassment or bullying, in compliance with the procedures in the policy adopted pursuant to this section, to the appropriate school official designated by the school district or accredited nonpublic school, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report”.
Representative Clel Baudler offered an amendment taking this section out because he argued that no person should be immune from liability for any action. Rep. David Tjepkes added to that by quoting from the code that any vote for immunity requires a two-thirds majority to pass. The Speaker ruled against Rep. Tjepkers and the amendment failed, so the immunity section is in the bill.
Rep. Jodi Tymeson, ranking member of the Education Committee offered several reasons why this bill is ineffective. This bill:
Many schools already have policies nearly identical to this legislation, yet they still have problems with bullies.
The bill passed on a 62-37 vote. I was a dissenting vote.
Visitors to the Capitol
Kay Peiffer from Sigourney, who lost her husband Dennis to ALS, was here with the ALS Society. Her son Greg Peiffer and daughter Kathy Peiffer, both of Clive, accompanied Kay.
Question of the Week…
The education lobby has been requesting 6% allowable growth for several years. The Republican led legislative passed 4% last year, but was criticized for not passing the 6%. Allowable growth also raises the amount of property tax that goes to education. Now the Democrats control all three branches of Government, and they are also proposing 4%. Would you support allowable growth at 4% or 6%?
I would appreciate your input. My phone number at the Capitol is 515-281-3221, or e-mail me at betty.deboef@legis.state.ia.us. I would welcome visitors at the Capitol, too!