House Committee delays action on anti-bullying legislation, again

The Michigan House Committee on Education Wednesday morning took testimony on proposed anti-bullying legislation but declined to take action on the legislation or on a substitute bill, pushing potential action back until the fall sessions.

The Committee considered HB 4163, but had in their possession a substitute to be known eventually as H-2. The H-2 legislation is the exact language approved by the Senate Judiciary Committee as the S-1 substitute for SB 137. That bill remains held from action by Sen. Rick Jones (R-Grand Ledge) while the House considers the measure.

“I expect it to be done by the end of the year,” Jones said after testifying before the Committee. “Personally I would have liked to have seen it done before the end of summer.”

That same sense of urgency drove Dan Levy, director of law and policy for the Michigan Department of Civil Rights, to urge lawmakers not to postpone action on the legislation any longer. Levy noted that he had expected the Committee to approve the legislation Wednesday and move it to the full House for consideration.

“Now is the time to stop debating and pass what we already agree on,” Levy told the Committee during testimony. “This is important. It is actually important enough to come back after the session and … pass it and send it to the floor. The time for action is now.”

The state legislature has been debating anti-bullying legislation for a decade. It continues to be hamstrung by a difference in opinion by advocates on both sides on whether or not to enumerate — meaning whether to create a list of the groups or traits most likely to be the victims of bullying.

The opposition to enumeration is led by the American Family Association of Michigan. They argue enumeration is creating special rights for homosexuals and is really a Trojan horse designed to force schools to become accepting of homosexuality.

In favor of enumeration are groups like Equality Michigan and the Gay Lesbian Straight Education Network (GLSEN). They argue the enumeration does not exclude any person, but it does clearly define groups that are often targeted for bullying.

“It concerns us that the bill they are considering does not include enumeration,” says Alison Gill, public policy director for GLSEN. “We would definitely encourage the Michigan law makers to go with stronger language that protects all students.”

Even the MDCR analysis of the substitute legislation it says it will support shows continued pressure for enumeration.

“Bullying based on certain types of animus (actual/perceived sexuality and disability in particular) are more likely to result in student suicides. Too often, bullying incidents based on these same types of animus are also the ones that ignored by those who hold them to be “understandable.” Enumerating and specifically including these bases for animus in a general prohibition on bullying helps to ensure they are properly addressed. Anti-bullying legislation thus better protects when it is “enumerated.” Legislation, nonetheless, can protect all students without enumeration.”

Community High School student Kylah Thompson came to the committee from Ann Arbor to testify. In her written testimony she says she was harassed in middle school because of her race, weight and perceived sexual orientation. She was also, she says, sexually harassed and had her learning disabilities continually challenged.

Thompson says that the bullying led to her making herself physically ill in order to not attend school. She also saw a change in her academic performance, which had been all As. The harassment led her to consider suicide.

The torment began to get addressed when Thompson, on the verge of suicide, confided in her mother.

Kevin Epling, whose son Matt committed suicide after being bullied, also testified before the Committee.

“Ten years now Michigan has been trying to get things done,” Epling noted. “There are lives at stake. I would really strongly urge that you take up this substitute and move it forward.”

Epling also noted that if Michigan is going to address bullying, it has to start with leadership.

“If the legislature is passing legislation that is specifically targeting people, how are we going to set an example for kids?” Epling asked, referring to series of anti-gay bills that have been moving in the state legislature since the Republican majority took control in January. “This isn’t about party lines. It isn’t about gay or straight. It’s about the kids.”

“Our schools are in chaos and we need to get our house in order,” Epling said.