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A BILL TO BE ENTITLED
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AN ACT
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relating to bullying and cyberbullying in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0832, Education Code, is amended by |
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amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) The board of trustees of each school district shall |
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adopt a policy, including any necessary procedures, concerning |
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bullying that: |
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(1) prohibits the bullying of a student; |
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(2) prevents and mediates bullying incidents between |
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students that: |
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(A) interfere with a student's educational |
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opportunities; or |
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(B) substantially disrupt the orderly operation |
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of a classroom, school, or school-sponsored or school-related |
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activity; |
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(3) [(2)] prohibits retaliation against any person, |
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including a victim, a witness, or another person, who in good faith |
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provides information concerning an incident of bullying; |
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(4) [(3)] establishes a procedure for providing |
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notice of an incident of bullying to: |
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(A) a parent or guardian of the alleged victim on |
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or before the third business day after the date the incident is |
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reported; and |
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(B) a parent or guardian of the alleged bully |
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within a reasonable amount of time after the incident; |
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(5) [(4)] establishes the actions a student should |
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take to obtain assistance and intervention in response to bullying; |
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(6) [(5)] sets out the available counseling options |
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for a student who is a victim of or a witness to bullying or who |
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engages in bullying; |
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(7) [(6)] establishes procedures for reporting an |
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incident of bullying, including procedures for a student to |
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anonymously report an incident of bullying, investigating a |
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reported incident of bullying, and determining whether the reported |
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incident of bullying occurred; |
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(8) [(7)] prohibits the imposition of a disciplinary |
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measure on a student who, after an investigation, is found to be a |
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victim of bullying, on the basis of that student's use of reasonable |
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self-defense in response to the bullying; [and] |
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(9) [(8)] requires that discipline for bullying of a |
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student with disabilities comply with applicable requirements |
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under federal law, including the Individuals with Disabilities |
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Education Act (20 U.S.C. Section 1400 et seq.); and |
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(10) complies with the minimum standards adopted by |
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the agency under Subsection (c-1). |
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(c-1) The agency shall adopt minimum standards for a school |
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district's policy under Subsection (c). The standards must: |
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(1) include an emphasis on bullying prevention by |
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focusing on school climate and building healthy relationships |
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between students and staff; |
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(2) require each district campus to establish a |
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committee to address bullying by focusing on prevention efforts and |
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health and wellness initiatives; |
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(3) require students at each grade level to meet |
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periodically for instruction on building relationships and |
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preventing bullying, including cyberbullying; |
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(4) include an emphasis on increasing student |
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reporting of bullying incidents to school employees by: |
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(A) increasing awareness about district |
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reporting procedures; and |
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(B) providing for anonymous reporting of |
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bullying incidents; |
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(5) require districts to: |
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(A) collect information annually through student |
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surveys on bullying, including cyberbullying; and |
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(B) use those survey results to develop action |
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plans to address student concerns regarding bullying, including |
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cyberbullying; and |
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(6) require districts to develop a rubric or checklist |
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to assess an incident of bullying and to determine the district's |
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response to the incident. |
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SECTION 2. Section 48.009, Education Code, is amended by |
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adding Subsection (b-4) to read as follows: |
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(b-4) The commissioner by rule shall require each school |
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district and open-enrollment charter school to annually report |
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through the Public Education Information Management System the |
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number of reported incidents of bullying that have occurred at each |
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campus. The commissioner's rules shall require a district or |
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school to specify the number of incidents of bullying that included |
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cyberbullying. |
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SECTION 3. Section 37.0832(f), Education Code, is repealed. |
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SECTION 4. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |