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A BILL TO BE ENTITLED
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AN ACT
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relating to the prevention of harassment in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as "Corrine's Law." |
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SECTION 2. Chapter 37, Education Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. HARASSMENT |
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Sec. 37.251. DEFINITION. In this subchapter, "harassment" |
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means an intentional threatening, insulting, or dehumanizing |
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physical act, gesture, or written or oral expression, including an |
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expression made through an electronic medium, by a person directed |
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against a student or school employee or volunteer that the person |
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knows or reasonably should know will: |
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(1) place the student or school employee or volunteer |
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in reasonable fear of harm to the student's, employee's, or |
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volunteer's person or damage to the student's, employee's, or |
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volunteer's property; or |
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(2) because of the severity, persistence, or |
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pervasiveness of the action or expression, create an intimidating, |
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threatening, or abusive educational environment for the student or |
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school employee or volunteer, including by interference with a |
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student's educational performance, opportunities, or benefits or a |
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substantial disruption of the orderly operation of a school. |
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Sec. 37.252. SCHOOL DISTRICT POLICY PROHIBITING |
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HARASSMENT. (a) A school district board of trustees shall adopt a |
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policy prohibiting harassment: |
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(1) on school property; |
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(2) at a school-sponsored or school-related activity |
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or other educational program or activity conducted by the district |
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or a district school; |
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(3) in a school vehicle or at a designated school bus |
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stop; or |
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(4) through the use of school district technology. |
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(b) The harassment policy adopted under this section must |
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include: |
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(1) a definition of harassment that complies with the |
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definition provided under Section 37.251; |
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(2) a description of the possible consequences and |
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disciplinary actions that may result from committing an act of |
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harassment; |
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(3) a statement prohibiting retaliation against a |
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person who reports an act of harassment; |
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(4) a description of the possible consequences and |
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disciplinary actions that may result from an allegation of |
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harassment made in bad faith; |
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(5) a strategy for protecting a victim of harassment |
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from further harassment and retaliation; |
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(6) a procedure for reporting an act of harassment, |
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including a provision that allows a person to anonymously report an |
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act of harassment; |
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(7) a procedure for responding to, promptly |
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investigating, and documenting a report of harassment; |
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(8) a statement designating the school official who |
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will be responsible for investigating a report of harassment; |
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(9) a process for determining whether an investigation |
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of a report of harassment is the responsibility of the school |
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district and, if not, a process for referring the report to the |
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appropriate investigating authority; |
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(10) a procedure for referring victims and |
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perpetrators of harassment to counseling; |
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(11) a requirement that a parent of a student who is a |
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victim of harassment be notified of: |
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(A) the incident; |
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(B) any disciplinary action taken against the |
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perpetrator, to the extent permitted under the Family Educational |
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Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g); and |
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(C) any action taken by the district to prevent |
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further acts of harassment by the perpetrator; |
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(12) a procedure for instructing students, parents, |
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and school employees and volunteers on identifying, preventing, and |
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responding to an act of harassment; and |
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(13) a statement encouraging students and school |
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employees and volunteers who have witnessed or have reliable |
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information that a student or school employee or volunteer has been |
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subject to harassment to report the incident to the appropriate |
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designated school official. |
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(c) The harassment policy adopted under this section: |
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(1) must grant all students and school employees and |
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volunteers the same protection, regardless of the legal status of a |
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student or school employee or volunteer; |
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(2) must be integrated with the curriculum, discipline |
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policies, and other violence prevention efforts of the school |
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district; and |
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(3) may not allow a formal disciplinary action to be |
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taken solely on the basis of an anonymous report. |
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(d) A school district shall provide public notice of the |
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harassment policy adopted under this section. |
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(e) The harassment policy adopted under this section must be |
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included in the student code of conduct adopted under Section |
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37.001 and in any school district employee manual. |
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Sec. 37.253. MODEL POLICY. The agency shall develop a model |
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policy that meets the requirements of Sections 37.252(a)-(c) and |
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shall publish the policy: |
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(1) on the agency website; and |
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(2) in any agency publication that states the rules, |
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procedures, and standards of conduct for public schools in this |
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state. |
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Sec. 37.254. TRAINING AND EDUCATIONAL PROGRAMS. (a) A |
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school district shall implement programs designed to prevent |
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harassment and educate students and school employees and volunteers |
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about the district's harassment policy, including training |
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programs for school employees and volunteers who have direct |
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contact with students, and educational programs for students. |
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(b) A school district may incorporate the training required |
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under this section into an existing employee training program. |
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Sec. 37.255. IMMUNITY FROM LIABILITY. (a) A student, |
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parent, or school employee or volunteer is not personally liable |
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for reporting an alleged act of harassment if the person: |
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(1) reports the act of harassment promptly and in good |
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faith; |
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(2) makes the report to the appropriate school |
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official designated in the school district's harassment policy; and |
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(3) makes the report in compliance with the procedures |
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provided in the school district harassment policy. |
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(b) A school official is not personally liable for failing |
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to remedy a reported incident of harassment. |
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Sec. 37.256. REMEDY; PROHIBITED DEFENSE. (a) This |
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subchapter: |
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(1) does not create a cause of action or alter an |
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existing cause of action; and |
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(2) may not be construed to prevent a victim of |
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harassment from seeking a remedy under another provision of civil |
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or criminal law. |
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(b) The physical location or time of access of an act of |
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harassment made through the use of school district technology may |
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not be raised as a defense in a criminal action or disciplinary |
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proceeding relating to the act of harassment. |
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Sec. 37.257. REPORT. (a) Not later than August 1 of each |
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year, a school district shall provide the agency with a report |
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listing, for the preceding school year: |
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(1) each reported incident of harassment that resulted |
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in disciplinary action; and |
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(2) each reported incident of harassment that was |
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determined to be false or not prohibited under this subchapter. |
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(b) A report submitted under Subsection (a) may not identify |
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any person involved in an actual or alleged incident of harassment. |
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The agency shall post each school district's report on the agency's |
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Internet website. |
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(c) The agency shall include a summary of the information |
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provided to the agency under Subsection (a) in the report required |
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under Section 39.182. |
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SECTION 3. Section 37.001(b)(1), Education Code, is |
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amended to read as follows: |
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(1) "Harassment" has the meaning assigned by Section |
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37.251 [means threatening to cause harm or bodily injury to another
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student, engaging in sexually intimidating conduct, causing
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physical damage to the property of another student, subjecting
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another student to physical confinement or restraint, or
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maliciously taking any action that substantially harms another
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student's physical or emotional health or safety]. |
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SECTION 4. (a) Not later than January 1, 2008, the Texas |
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Education Agency shall adopt a model harassment policy as required |
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by Section 37.253, Education Code, as added by this Act. |
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(b) Not later than August 1, 2008, a school district board |
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of trustees shall adopt a policy prohibiting harassment as required |
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by Section 37.252, Education Code, as added by this Act. The policy |
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applies beginning with the 2008-2009 school year unless the board |
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of trustees specifies an earlier date. |
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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, 2007. |