82R3340 CAS-D

By: Marquez H.B. No. 1348

A BILL TO BE ENTITLED

AN ACT

relating to policies, procedures, and training to address bullying of public school students.

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

SECTION 1. Section 25.0342(a), Education Code, is amended to read as follows:

(a) In this section, "bullying" has the meaning assigned by Section 37.0832 [means engaging in written or verbal expression 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].

SECTION 2. Section 37.001(b), Education Code, is amended to read as follows:

(b) In this section:

(1) "Bullying" has the meaning assigned by Section 37.0832.

(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 3. Section 37.083(a), Education Code, is amended to read as follows:

(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 unwanted physical or verbal aggression and[,] sexual harassment[, and other forms of bullying] in school, on school grounds, and in school vehicles.

SECTION 4. Subchapter C, Chapter 37, Education Code, is amended by adding Section 37.0832 to read as follows:

Sec. 37.0832. BULLYING, INCLUDING CYBERBULLYING: POLICIES, PROCEDURES, AND TRAINING. (a) In this section:

(1) "Bullying":

(A) means engaging in written or verbal expression or physical conduct, including an action motivated by a perceived imbalance of power based on another student's actual or perceived personal characteristics, behavior, beliefs, or citizenship status or by another student's association with a third person and based on the third person's characteristics, behavior, beliefs, or citizenship status, that:

(i) has the effect or 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;

(ii) is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student;

(iii) interferes with a student's educational opportunities; or

(iv) substantially disrupts the orderly operation of a school; and

(B) includes cyberbullying.

(2) "Cyberbullying" means bullying that is done using electronic communication, including electronic media.

(b) This section applies to bullying that:

(1) occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property; or

(2) occurs off school property or outside of a school-sponsored or school-related activity, if the conduct interferes with a student's educational opportunities or substantially disrupts the orderly operation of a school or school-sponsored or school-related activity.

(c) The board of trustees of each school district shall adopt a policy concerning bullying that:

(1) prohibits bullying of a student;

(2) prohibits retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying;

(3) provides for the appropriate intervention for a student who engages in bullying or falsely accuses another of bullying;

(4) requires each school principal or the principal's designee to develop a campus strategy for protecting each campus student from being bullied or related retaliation that includes imposing appropriate discipline to reduce the risk of incidents of bullying and offering appropriate assistance to a victim of bullying or a student engaging in bullying;

(5) establishes a procedure for reporting an incident of bullying within a district and on each district campus that specifies the action a student should take in case of bullying; and

(6) addresses any other issue concerning bullying that the board of trustees determines to be appropriate.

(d) The procedure under Subsection (c)(5):

(1) must enable a student to report an incident of bullying to any school district employee;

(2) must require the posting of a list on each campus that identifies each person who has special training or designation to receive a report of an incident of bullying;

(3) may establish an anonymous reporting system; and

(4) may include any other provision concerning reporting an incident of bullying that the board of trustees determines to be appropriate.

(e) Except as otherwise provided by this subsection, not later than the second school day after the date a school principal acquires knowledge of an incident of bullying, the school district superintendent or the superintendent's designee shall, by telephone or electronic communication, provide notice of the incident to the parent or guardian of the victim of the alleged bullying and the parent or guardian of the student who allegedly engaged in the bullying. In accordance with a policy adopted by the district board of trustees, the superintendent or the superintendent's designee may notify other persons, as appropriate. If the superintendent or the superintendent's designee is not successful in reaching a parent or guardian by telephone or electronic communication, the superintendent or the superintendent's designee shall contact the parent or guardian in writing as soon as practicable. The principal shall inform a victim of bullying of the victim's right to request that the victim's parent or guardian not be notified of the incident. On a request from a victim, the principal shall request the superintendent or the superintendent's designee to grant a waiver from the notification requirement under this subsection. Granting or denial of the waiver is at the sole discretion of the superintendent or the superintendent's designee, must be based on the facts of the case, and must be documented in writing. Granting a waiver under this subsection does not relieve a district employee of any other duty imposed by the policy adopted under Subsection (c).

(f) Each school district shall provide annual written notice of the policy adopted under Subsection (c) and the notification requirements under Subsection (e) to each district student, the parent or guardian of each district student, and each district employee or volunteer. The notice must be posted on the district's Internet website and at each district campus in the cafeteria, on each major bulletin board, in a prominent place in the area of campus administrative offices, and at any other appropriate location determined by the school principal. The policy also must be included in each student and employee handbook.

(g) Each school district shall provide the following training concerning bullying:

(1) annual training in preventing, identifying, responding to, and reporting incidents of bullying for district administrators and for other district employees and volunteers who have significant contact with students;

(2) instruction to district students regarding the elements of bullying; and

(3) an educational program for district students and the parents and guardians of district students in preventing, identifying, responding to, and reporting incidents of bullying.

SECTION 5. This Act applies beginning with the 2011-2012 school year.

SECTION 6. 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, 2011.