81R703 CAE-F

By: Dutton H.B. No. 936

A BILL TO BE ENTITLED

AN ACT

relating to the prevention of harassment in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as Corrine's Law.

SECTION 2. Chapter 37, Education Code, is amended by adding Subchapter H to read as follows:

SUBCHAPTER H. HARASSMENT

Sec. 37.251. DEFINITION. In this subchapter, "harassment" means an intentional threatening, insulting, or dehumanizing physical act, gesture, or written or oral expression, including an expression made through an electronic medium, by a person directed against a student or school employee or volunteer that the person knows or reasonably should know will:

(1) place the student or school employee or volunteer in reasonable fear of harm to the student's, employee's, or volunteer's person or damage to the student's, employee's, or volunteer's property; or

(2) because of the severity, persistence, or pervasiveness of the action or expression, create an intimidating, threatening, or abusive educational environment for the student or school employee or volunteer, including by interference with a student's educational performance, opportunities, or benefits or a substantial disruption of the orderly operation of a school.

Sec. 37.252. SCHOOL DISTRICT POLICY PROHIBITING HARASSMENT. (a) A school district board of trustees shall adopt a policy prohibiting harassment:

(1) on school property;

(2) at a school-sponsored or school-related activity or other educational program or activity conducted by the district or a district school;

(3) in a school vehicle or at a designated school bus stop; or

(4) through the use of school district technology.

(b) The harassment policy adopted under this section must include:

(1) a definition of harassment that complies with the definition provided under Section 37.251;

(2) a description of the possible consequences and disciplinary actions that may result from committing an act of harassment;

(3) a statement prohibiting retaliation against a person who reports an act of harassment;

(4) a description of the possible consequences and disciplinary actions that may result from an allegation of harassment made in bad faith;

(5) a strategy for protecting a victim of harassment from further harassment and retaliation;

(6) a procedure for reporting an act of harassment, including a provision that allows a person to anonymously report an act of harassment;

(7) a procedure for responding to, promptly investigating, and documenting a report of harassment;

(8) a statement designating the school official who will be responsible for investigating a report of harassment;

(9) a process for determining whether an investigation of a report of harassment is the responsibility of the school district and, if not, a process for referring the report to the appropriate investigating authority;

(10) a procedure for referring victims and perpetrators of harassment to counseling;

(11) a requirement that a parent of a student who is a victim of harassment be notified of:

(A) the incident;

(B) any disciplinary action taken against the perpetrator, to the extent permitted under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g); and

(C) any action taken by the district to prevent further acts of harassment by the perpetrator;

(12) a procedure for instructing students, parents, and school employees and volunteers on identifying, preventing, and responding to an act of harassment; and

(13) a statement encouraging students and school employees and volunteers who have witnessed or have reliable information that a student or school employee or volunteer has been subject to harassment to report the incident to the appropriate designated school official.

(c) The harassment policy adopted under this section:

(1) must grant all students and school employees and volunteers the same protection, regardless of the legal status of a student or school employee or volunteer;

(2) must be integrated with the curriculum, discipline policies, and other violence prevention efforts of the school district; and

(3) may not allow a formal disciplinary action to be taken solely on the basis of an anonymous report.

(d) A school district shall provide public notice of the harassment policy adopted under this section.

(e) The harassment policy adopted under this section must be included in the student code of conduct adopted under Section 37.001 and in any school district employee manual.

Sec. 37.253. MODEL POLICY. The agency shall develop a model policy that meets the requirements of Sections 37.252(a)-(c) and shall publish the policy:

(1) on the agency's Internet website; and

(2) in any agency publication that states the rules, procedures, and standards of conduct for public schools in this state.

Sec. 37.254. TRAINING AND EDUCATIONAL PROGRAMS. (a) A school district shall implement programs designed to prevent harassment and educate students and school employees and volunteers about the district's harassment policy, including training programs for school employees and volunteers who have direct contact with students, and educational programs for students.

(b) A school district may incorporate the training required under this section into an existing employee training program.

Sec. 37.255. IMMUNITY FROM LIABILITY. (a) A student, parent, or school employee or volunteer is not personally liable for reporting an alleged act of harassment if the person:

(1) reports the act of harassment promptly and in good faith;

(2) makes the report to the appropriate school official designated in the school district's harassment policy; and

(3) makes the report in compliance with the procedures provided in the school district harassment policy.

(b) A school official is not personally liable for failing to remedy a reported incident of harassment.

Sec. 37.256. REMEDY; PROHIBITED DEFENSE. (a) This subchapter:

(1) does not create a cause of action or alter an existing cause of action; and

(2) may not be construed to prevent a victim of harassment from seeking a remedy under another provision of civil or criminal law.

(b) The physical location or time of access of an act of harassment made through the use of school district technology may not be raised as a defense in a criminal action or disciplinary proceeding relating to the act of harassment.

Sec. 37.257. REPORT. (a) Not later than August 1 of each year, a school district shall provide the agency with a report listing, for the preceding school year:

(1) each reported incident of harassment that resulted in disciplinary action; and

(2) each reported incident of harassment that was determined to be false or not prohibited under this subchapter.

(b) A report submitted under Subsection (a) may not identify any person involved in an actual or alleged incident of harassment. The agency shall post each school district's report on the agency's Internet website.

(c) The agency shall include a summary of the information provided to the agency under Subsection (a) in the report required under Section 39.182.

SECTION 3. Section 37.001(b)(1), Education Code, is amended to read as follows:

(1) "Harassment" has the meaning assigned by Section 37.251 [means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student's physical or emotional health or safety].

SECTION 4. (a) Not later than January 1, 2010, the Texas Education Agency shall adopt a model harassment policy as required by Section 37.253, Education Code, as added by this Act.

(b) Not later than August 1, 2010, a school district board of trustees shall adopt a policy prohibiting harassment as required by Section 37.252, Education Code, as added by this Act. The policy applies beginning with the 2010-2011 school year unless the board of trustees specifies an earlier date.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.