Bill Description: House Bill 44 would require schools to report incidents of bullying to parents and law enforcement.

Rating: -1

Does it expand the government's bureaucratic monopoly on education, reduce family and student choice, or finance education based on an institution or system? Conversely, does it reduce government coercion in education, expand education choice, or finance education based on the student rather than the institution?

House Bill 44 would amend Section 33-1631, Idaho Code, which governs how schools deal with bullying, intimidation, harassment, violence, or threats of violence.

This bill would add a new subsection that says, "In compliance with all federal and state laws protecting student privacy, a procedure for the reporting of those incidents of harassment, intimidation, and bullying that result in a student being suspended from school pursuant to section 33-205, Idaho Code. The occurrence of such incidents shall be reported to the parents or legal guardians of both the alleged victim and the alleged perpetrator and law enforcement if the alleged conduct may violate any criminal law."

It is appropriate for schools to provide information to parents and legal guardians, but the stipulation that such cases "shall" be reported to law enforcement if the alleged conduct "may" violate any criminal law is troubling. 

There are numerous criminal laws, and even mild unwanted touching technically falls within the definition of battery under Idaho code. Bringing law enforcement into a situation represents a significant escalation, and removing discretion regarding what incidents merit this step could significantly harm those involved. 

Our society is already seeing a disturbing trend of saddling minors with criminal records over youthful indiscretions, and enacting more mandates to involve law enforcement in incidents that can be handled by schools and parents will only exacerbate this problem. 

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