Montana lawmaker discusses state bill that would allow students to defend themselves against bullies
Montana State Rep. Jedediah Hinkle, R., tells Fox News Digital about HB 450, a state measure that would allow students to fight back against their bullies in school.
Students in Montana's public school system could soon use reasonable force to fight back against their bullies without repercussions thanks to a bill sponsored by state Rep. Jedediah Hinkle, R-Belgrade.
HB 450, the "Protect physical self-defense in K-12 schools" bill, has been coined by some as the "Fight Back" bill, and, if it becomes law, kids and teens in The Treasure State who are being relentlessly bullied could have protections if they choose to act in self-defense.
"It's an inherent right that we all have to defend ourselves. And that should not be stripped away just because a student is in school versus outside of the school," Hinkle told Fox News Digital in an interview Sunday.
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The Bullying Stops Here sign on School Bus, Queens, New York. (Photo by: Lindsey Nicholson/UCG/Universal Images Group via Getty Images)
"In Montana, we actually have a law on self-defense, and it basically says that if you are physically attacked, you lawfully can defend yourself against that attack even to the extent that, if you feel your life is in danger or you are in serious danger of serious bodily harm, you can actually use force to the extent of death to defend yourself. So why is there a dual justice system?
"Why can somebody outside the school system lawfully in Montana defend themselves, but, if they're inside the school or at a school-sanctioned event, they cannot? That's actually what inspired the bill and why I started on it this session," he continued.
The bill would allow bullied students to use "reasonable and necessary force" for self-protection when responding to a bully's physical attack at a public school. It would also authorize students who witness an attack on another student to use "reasonable and necessary" physical restraint to neutralize the situation.
Montana State Capitol building in Helena, Montana. (Photo by: Education Images/Universal Images Group via Getty Images)
Schools would then thoroughly investigate any student's use of physical force to determine how the situation unfolded and would not reprimand students acting out of self-defense.
Stacy Roope, a Helena resident whose 16-year-old son attends an area high school, supports the bill, telling Fox News Digital her son has been relentlessly bullied since the third grade, and she believes HB 450 would be a step in the right direction.
"He [my son] tries to defend himself [against bullies], but he gets in trouble because he defends himself. He's not afraid of them. I mean, he's willing to duke it out with them. But, of course, they [the school district] don't like it when they, you know, hit back," she said Monday.
"That's kind of where this whole law stands," she added. "If they [bullies] don't like it getting hit back, then they shouldn't hit to begin with."
She said five students currently have no-contact orders with her son. She also said her son has been put on shortened school days and he has supervised lunches.
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Gov. Greg Gianforte, R-Mont., (then a U.S. representative) attends the Crow Fair in Crow Agency, Mont., on August 18, 2018. (Photo By Tom Williams/CQ Roll Call)
"It's not the bullies that are the ones that have to go through all this. It's the kids who are being bullied, and it's not right," she added. "The school says that they are [punishing the bullies], but they can't tell us anything. I think it's just a matter of the staff is afraid to do anything because they don't want to get sued or whatever."
Roope said her son has been suspended twice in a year for fighting back.
"It's just ridiculous because those kids that are bullying him don't ever get anything done to them," she said.
Trina Fortney, another parent supporting the bill, shared her testimony with Fox News Digital on Wednesday, saying that her son had experienced bullying from multiple students but, despite going through all the appropriate channels, claimed their family never received the answers they sought.
Students in Montana could be allowed to act against bullies in self-defense thanks to a Montana law. (REUTERS/Mike Blake)
"We very directly asked if he was supposed to just let himself be beaten up and they said yes. There was no scenario that would tolerate fighting even if it was in self-defense," she said while testifying on behalf of the bill. "After there was no help from the school administration and no way to safeguard our son and the prospect of him being expelled if he fought back, we contacted the superintendent who informed us that this was district policy and that there was nothing that we could do…
"This happened in the years 2010 and 2011. This policy had been in place long before we had this problem. It is utterly shameful that 12 years later this is still policy in most public schools in Montana. Children should not have to take a beating in the year 2023 to satisfy a defunct school policy," she later continued.
The bill's opponents allege there would be issues with implementing the policy, however, including State Rep. Eric Matthews, D-Bozeman, who, according to NBC Montana, claims students could try to manipulate the situation.
"The reality of it is, if there is violence that happens, whether we call it a fight or someone defending themselves, it’s never cut and dry," he said.
Others allege the bill would promote violence in schools, but Hinkle pushed back on that notion.
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Montana State Rep. Jedediah Hinkle sponsored a bill allowing students to fight back against their bullies in public school. (Fox News)
"They [the schools] have policies on their books that say no fighting alone, and it doesn't matter if you were defending yourself or you were the attacker, you get disciplined either way," he said.
"I believe what this bill is doing is that shifting the focus off of just fighting onto the root of the cause, which is the bullying and the aggression. That's going to force a school system to investigate, and, if they find that a person acted in self-defense, they're not to be reprimanded. If they find that another person attacked them, then they can reprimand that person."
Hinkle said, under existing policy, school officials can punish students in methods ranging from detention to expulsion.
"I have parents that have testified that have said that they have gone to the school administrators to try to get the point stopped in the school and had asked the school, 'If you don't stop the bullying and my son has to fight back, what will happen to my son?' They said, ‘Your son will get suspended.’ And they [the parents] said, ‘So my son has to get beat up in order to not be suspended from school?’
"That's why it matters," he said.
Hinkle hopes his bill will change bullying culture in Montana's schools going forward.
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The bill has currently passed the Montana House of Representatives and the Senate floor, but has moved back to the House where it awaits approval of Senate amendments.
If the House concurs with the Senate's amendments, the bill will then head to Republican Gov. Greg Gianforte's desk.
"I do believe that the governor will sign the bill," Hinkle said. "I have been in communication with his education people in his office, and they brought up the same concerns about a system of equal justice and that we need justice for all. That includes in the school system."
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