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Committee introduces bill allowing school boards to discipline students for obscene or defamatory online posts about employees
Summary
Rep. Jordan Redmond introduced RS 32528 to define and create disciplinary measures for inappropriate online behavior by students directed at public school employees; members raised concerns about scope and potential First Amendment implications and asked the sponsor to consult legal counsel before a hearing.
Representative Jordan Redmond, sponsor: "My name is Jordan Redmond representing District 3 in Kootenai County." He asked the House Committee on Education on March 3 to introduce RS 32528, legislation that "adds a new definition for inappropriate online behavior by students directed at public school employees" and "adds ... disciplinary measures" allowing districts to bring students before school boards for discipline when students post "obscene, discriminatory and harmful" material about teachers.
Redmond told the committee the measure was brought to him by teachers in his district who described online posts that are "obscene and defamatory," and that the bill is intended to give schools a tool to address those posts without creating new criminal penalties.
Representative Kyle Harris questioned legal risks, asking, "Have you talked to any lawyers or anything about this? It seems like it might be delving into some First Amendment issues on first glance." Redmond replied that, in his view, posts that are "very graphic" or "lewd or crude" and defamatory are distinguishable from ordinary speech such as "I don't like Mrs. Smith," and said he would reach out to legal counsel, including Legislative Services Office, before a hearing.
Other committee members asked the sponsor to clarify definitions and scope. Representative Nelson asked whether the draft covers student-to-student conduct or is specifically aimed at students targeting school employees; Redmond said the draft is "more geared towards students saying something defamatory against the teaching staff or possibly other folks within the school." Representative Garner (spoke in support but asked for clarity on parents included under the bill's definition of "persons") asked Redmond to address parent versus student scope when the bill returns for a hearing.
Representative Mathias spoke in favor of introducing the RS, saying discriminatory and obscene online comments "are ruining lives" and that the RS empowers schools to adopt disciplinary measures rather than creating new crimes. The committee voted to introduce RS 32528; the motion carried.
The sponsor pledged to consult legal counsel and bring clarified language and any advice back to committee at a full hearing.
