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A BILL TO BE ENTITLED
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AN ACT
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relating to preventing bullying and harassment against public |
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school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 22, Education Code, is |
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amended by adding Section 22.010 to read as follows: |
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Sec. 22.010. REPORTS AND RETALIATION CONCERNING BULLYING OR |
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HARASSMENT; IMMUNITY FROM SUIT AND LIABILITY. (a) In this section: |
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(1) "Bullying" has the meaning assigned by Section |
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25.0342. |
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(2) "Harassment" has the meaning assigned by Section |
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37.001(b). |
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(b) A school district employee or volunteer who witnesses a |
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student being bullied or harassed or has reliable information that |
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a student is a victim of bullying or harassment may report the |
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incident or information to the appropriate district employee in |
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accordance with district policy. |
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(c) A school district employee or volunteer who promptly |
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provides a report under Subsection (b) in accordance with school |
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district policy is immune from suit and from civil liability |
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arising from any failure to remedy the bullying or harassment about |
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which the report was made. |
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SECTION 2. Section 25.0342(a), Education Code, is amended |
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to read as follows: |
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(a) In this section, "bullying" means engaging in written or |
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verbal expression, expression through electronic means, or |
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physical conduct, on or off of school property, that a school |
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district board of trustees or the board's designee determines: |
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(1) will have the effect of physically harming a |
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student, damaging a student's property, or placing a student in |
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reasonable fear of harm to the student's person or of damage to the |
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student's property; [or] |
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(2) is sufficiently severe, persistent, or pervasive |
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enough that the action or threat creates an intimidating, |
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threatening, or abusive educational environment for a student; or |
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(3) is communicated in a manner likely to cause a |
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disruption to the educational environment of a campus. |
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SECTION 3. Section 37.001, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (b-3) to read as |
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follows: |
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(b) In this section: |
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(1) "Bullying" has the meaning assigned by Section |
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25.0342. |
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(2) "Harassment" means threatening to cause harm or |
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bodily injury to another student, engaging in sexually intimidating |
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conduct, causing physical damage to the property of another |
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student, subjecting another student to physical confinement or |
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restraint, or maliciously taking any action, on or off of school |
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property, that substantially harms another student's physical or |
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emotional health or safety. |
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(3) [(2)] "Hit list" means a list of people targeted |
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to be harmed, using: |
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(A) a firearm, as defined by Section 46.01(3), |
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Penal Code; |
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(B) a knife, as defined by Section 46.01(7), |
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Penal Code; or |
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(C) any other object to be used with intent to |
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cause bodily harm. |
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(b-3) In connection with prohibiting bullying and |
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harassment under Subsection (a)(7), the student code of conduct |
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also must provide that a student: |
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(1) who witnesses another student being bullied or |
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harassed or has reliable information that another student is a |
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victim of bullying or harassment may report the incident or |
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information to the appropriate district employee in accordance with |
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district policy; and |
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(2) may not retaliate against a victim of, witness to, |
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or person with reliable information concerning bullying or |
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harassment. |
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SECTION 4. Section 37.083, Education Code, is amended to |
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read as follows: |
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Sec. 37.083. DISCIPLINE MANAGEMENT PROGRAMS; BULLYING AND |
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[SEXUAL] HARASSMENT PREVENTION POLICIES. (a) In this section: |
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(1) "Bullying" has the meaning assigned by Section |
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25.0342. |
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(2) "Harassment" has the meaning assigned by Section |
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37.001(b). |
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(b) Each school district shall adopt and implement a |
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discipline management program to be included in the district |
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improvement plan under Section 11.252. The program must provide |
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for prevention of and education concerning bullying, including |
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unwanted physical and [or] verbal aggression, and [sexual] |
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harassment, on and off of [, and other forms of bullying in] school |
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property [, on school grounds, and in school vehicles]. The program |
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may provide for a bullying and harassment prevention task force |
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composed of the district-level planning and decision-making |
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committee established under Section 11.251, students, district |
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volunteers, and representatives of law enforcement. |
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(c) [(b)] Each school district shall [may] develop and |
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implement a bullying and [sexual] harassment prevention policy to |
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be included in the district improvement plan under Section 11.252. |
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The policy must be developed in consultation with the |
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district-level planning and decision-making committee, students, |
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and district volunteers. |
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(d) The policy developed under Subsection (c) may include: |
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(1) a statement prohibiting bullying and harassment, |
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on or off of school property; |
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(2) definitions of bullying and harassment consistent |
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with the definitions provided under Subsection (a); |
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(3) a description of the type of behavior relating to |
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bullying and harassment from which a student is expected to |
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refrain; |
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(4) a procedure for reporting bullying and harassment, |
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including a procedure for making a report anonymously that |
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prohibits disciplinary action against a student for bullying or |
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harassment solely on the basis of an anonymous report; |
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(5) a procedure for prompt investigation of a report |
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under Subdivision (4); |
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(6) a statement of the manner in which a district will |
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respond to a confirmed act of bullying or harassment; |
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(7) a statement of the consequences, including |
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remedial action, for a student who engages in bullying or |
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harassment; |
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(8) a statement prohibiting retaliation against a |
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person who reports bullying or harassment; |
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(9) a statement of the consequences, including |
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appropriate remedial action, for a student who engages in |
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retaliation described by Subdivision (8); |
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(10) a statement of the consequences, including |
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remedial action, for a student who, as a means of retaliation, |
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bullying, or harassment, falsely accuses another of bullying or |
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harassment; |
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(11) a statement of the manner in which the policy, |
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including the application of the policy on or off of school |
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property, is to be publicized in the district; and |
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(12) a statement of the job titles of school district |
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personnel, including campus personnel, responsible for enforcing |
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the policy. |
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SECTION 5. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 6. 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, 2009. |