81R22855 CAS-D
 
  By: Strama, Gonzales, Anchia, Pierson, H.B. No. 1323
      et al.
 
  Substitute the following for H.B. No. 1323:
 
  By:  Weber C.S.H.B. No. 1323
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to bullying and harassment in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 25.0342, Education Code,
  is amended to read as follows:
         Sec. 25.0342.  TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR
  HAVE ENGAGED IN BULLYING.
         SECTION 2.  Section 25.0342, Education Code, is amended by
  amending Subsections (a), (c), and (e) and adding Subsections (b-1)
  and (b-2) to read as follows:
         (a)  In this section, "bullying" means engaging in physical
  conduct or written or verbal expression, including expression
  through electronic means, on or off of school property, [or
  physical conduct] that a school district board of trustees or the
  board's designee determines:
               (1)  will have the effect of physically harming a
  student, damaging a student's property, or placing a student in
  reasonable fear of harm to the student's person or of damage to the
  student's property; [or]
               (2)  is sufficiently severe, persistent, or pervasive
  enough that the action or threat creates an intimidating,
  threatening, or abusive educational environment for a student; or
               (3)  substantially disrupts the orderly operation of a
  school.
         (b-1)  On the request of a parent or other person with
  authority to act on behalf of a student who is a victim of bullying,
  the board of trustees of a school district or the board's designee
  may transfer the student who engaged in bullying to:
               (1)  another classroom at the campus to which the
  victim was assigned at the time the bullying occurred; or
               (2)  a campus in the district other than the campus to
  which the victim was assigned at the time the bullying occurred.
         (b-2)  To the extent practicable, the board of trustees and
  each district educator with knowledge of the request shall keep a
  request received under Subsection (b) or (b-1) confidential.
         (c)  The board of trustees or the board's designee shall
  verify that a student has been a victim of or has engaged in
  bullying, as applicable, before transferring the student under this
  section.
         (e)  The determination by the board of trustees or the
  board's designee under Subsection (c) is final and may not be
  appealed.
         SECTION 3.  Section 37.001(b), Education Code, is amended to
  read as follows:
         (b)  In this section:
               (1)  "Bullying" has the meaning assigned by Section
  25.0342.
               (2)  "Harassment" 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.
               (3) [(2)]  "Hit list" means a list of people targeted
  to be harmed, using:
                     (A)  a firearm, as defined by Section 46.01(3),
  Penal Code;
                     (B)  a knife, as defined by Section 46.01(7),
  Penal Code; or
                     (C)  any other object to be used with intent to
  cause bodily harm.
         SECTION 4.  Section 37.083, Education Code, is amended to
  read as follows:
         Sec. 37.083.  DISCIPLINE MANAGEMENT PROGRAMS; BULLYING AND 
  SEXUAL HARASSMENT POLICIES.  (a)  Each school district shall adopt
  and implement a discipline management program to be included in the
  district improvement plan under Section 11.252.  The program must
  provide for prevention of and education concerning bullying,
  unwanted physical or verbal aggression, and sexual harassment[, and
  other forms of bullying in school, on school grounds, and in school
  vehicles].
         (b)  Each school district shall [may] develop and implement a
  bullying and sexual harassment prevention policy to be included in
  the district improvement plan under Section 11.252. The policy
  must provide for:
               (1)  the instruction of students regarding the elements
  of bullying and sexual harassment;
               (2)  the action students should take in case of
  bullying or sexual harassment, including reporting an incident; and
               (3)  the notification of the parents or guardians of
  each student involved in an incident of bullying or sexual
  harassment.
         SECTION 5.  Section 39.053(a), Education Code, is amended to
  read as follows:
         (a)  Each board of trustees shall publish an annual report
  describing the educational performance of the district and of each
  campus in the district that includes uniform student performance
  and descriptive information as determined under rules adopted by
  the commissioner. The annual report must also include:
               (1)  campus performance objectives established under
  Section 11.253 and the progress of each campus toward those
  objectives, which shall be available to the public;
               (2)  the performance rating for the district as
  provided under Section 39.072(a) and the performance rating of each
  campus in the district as provided under Section 39.072(c);
               (3)  the district's current special education
  compliance status with the agency;
               (4)  a statement of the number, rate, and type of
  incidents of bullying, harassment, sexual harassment,
  discrimination, and violent or criminal incidents against any
  student on the basis of the actual or perceived race, ethnicity,
  color, religion, gender, gender identity or expression, sexual
  orientation, national origin, or disability of the alleged
  perpetrator or victim that occurred on each district campus, to the
  extent permitted under the Family Educational Rights and Privacy
  Act of 1974 (20 U.S.C. Section 1232g);
               (5)  information concerning bullying, harassment,
  sexual harassment, and school violence prevention and [violence]
  intervention policies and procedures that the district is using to
  protect students; [and]
               (6)  the findings that result from evaluations
  conducted under the Safe and Drug-Free Schools and Communities Act
  [of 1994] (20 U.S.C. Section 7101 et seq.) [and its subsequent
  amendments]; and
               (7)  information received under Section 51.403(e) for
  each high school campus in the district, presented in a form
  determined by the commissioner.
         SECTION 6.  This Act applies beginning with the 2009-2010
  school year.
         SECTION 7.  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.