82R5617 CAS-F

By: Hernandez Luna H.B. No. 1467

A BILL TO BE ENTITLED

AN ACT

relating to bullying and cyberbullying in public schools; providing penalties.

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

SECTION 1. Section 21.451(d), Education Code, is amended to read as follows:

(d) The staff development:

(1) may include training in:

(A) technology;

(B) conflict resolution; and

(C) discipline strategies, including classroom management, district discipline policies, and the student code of conduct adopted under Section 37.001 and Chapter 37; [and]

(2) subject to Subsection (e), must include training based on scientifically based research, as defined by Section 9101, No Child Left Behind Act of 2001 (20 U.S.C. Section 7801), that:

(A) relates to instruction of students with disabilities; and

(B) is designed for educators who work primarily outside the area of special education; and

(3) must include training to address bullying and cyberbullying, as those terms are defined by Section 25.0342, paid for with local money, including money from fines imposed under Section 26.016(b) or 37.902.

SECTION 2. The heading to Section 25.0342, Education Code, is amended to read as follows:

Sec. 25.0342. TRANSFER OF VICTIMS OF BULLYING OR CYBERBULLYING.

SECTION 3. Section 25.0342, Education Code, is amended by amending Subsections (a), (b), and (c) and adding Subsection (a-1) to read as follows:

(a) In this section:

(1) "Bullying"[, "bullying"] means [engaging in] written or verbal expression or physical conduct that a student or group of students exhibits toward another particular student or another particular group of students and that a school district board of trustees or the board's designee determines:

(A) [(1)] will have the effect of physically or mentally 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

(B) [(2)] is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student.

(2) "Cyberbullying" means electronic communication, including through the use of a cellular or other type of telephone, a computer, a pager, a camera, electronic mail, instant messaging, text messaging, or an Internet website, from a student to another student or from a student to a school district employee:

(A) that a district board of trustees or the board's designee determines:

(i) will have the effect of physically or mentally 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

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

(B) that takes place:

(i) on district property, during a school or school-sponsored activity, on a school bus, or at a school bus stop;

(ii) through a district data system without proper authorization by a district employee; or

(iii) through a computer network off of district property.

(a-1) In making a determination under Subsection (a), the board of trustees or the board's designee shall consider:

(1) the specific written or verbal expression, physical conduct, or electronic communication by the perpetrator;

(2) whether the written or verbal expression, physical conduct, or electronic communication occurred in front of or was communicated to a person other than the victim;

(3) the manner in which the perpetrator interacted with the victim; and

(4) the perpetrator's motivation, either admitted or appropriately inferred.

(b) On the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying or cyberbullying, the board of trustees of a school district or the board's designee shall transfer the victim to:

(1) another classroom at the campus to which the victim was assigned at the time the bullying or cyberbullying occurred; or

(2) a campus in the school district other than the campus to which the victim was assigned at the time the bullying or cyberbullying occurred.

(c) The board of trustees or the board's designee shall verify that a student has been a victim of bullying or cyberbullying before transferring the student under this section.

SECTION 4. Chapter 26, Education Code, is amended by adding Section 26.016 to read as follows:

Sec. 26.016. LIABILITY OF PARENTS FOR BULLYING OR CYBERBULLYING BY CHILD. (a) In this section, "bullying" and "cyberbullying" have the meanings assigned by Section 25.0342.

(b) A student's parent who negligently fails to exercise reasonable control or discipline over the student as necessary to prevent bullying or cyberbullying by the student commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $100 for each day on which the bullying or cyberbullying occurs. Each fine collected under this subsection shall be deposited to the operating fund of the school district in which the student attends school to be used to provide training under Section 21.451(d)(3).

(c) A student's parent who negligently fails to exercise reasonable control or discipline over the student as necessary to prevent bullying or cyberbullying by the student is liable to the extent provided by Subsection (e) for any injury to or the death of another student that is proximately caused by the bullying or cyberbullying.

(d) A student's parent who negligently fails to exercise reasonable control or discipline over the student as necessary to prevent cyberbullying by the student is liable to the extent provided by Subsection (e) for any injury to or the death of a school district employee that is proximately caused by the cyberbullying, if the cyberbullying is in retaliation for or as a result of the employee's employment or association with the district, without regard to whether the cyberbullying occurs on or off of school district property or while attending a school-sponsored or school-related activity on or off of school property.

(e) Recovery under Subsection (c) or (d) is limited to actual damages for medical, dental, or hospital expenses, not to exceed $25,000, plus court costs and attorney's fees.

SECTION 5. Sections 37.001(a) and (b), Education Code, are amended to read as follows:

(a) The board of trustees of an independent school district shall, with the advice of its district-level committee established under Subchapter F, Chapter 11, adopt a student code of conduct for the district. The student code of conduct must be posted and prominently displayed at each school campus or made available for review at the office of the campus principal. In addition to establishing standards for student conduct, the student code of conduct must:

(1) specify the circumstances, in accordance with this subchapter, under which a student may be removed from a classroom, campus, or disciplinary alternative education program;

(2) specify conditions that authorize or require a principal or other appropriate administrator to transfer a student to a disciplinary alternative education program;

(3) outline conditions under which a student may be suspended as provided by Section 37.005 or expelled as provided by Section 37.007;

(4) specify that consideration will be given, as a factor in each decision concerning suspension, removal to a disciplinary alternative education program, expulsion, or placement in a juvenile justice alternative education program, regardless of whether the decision concerns a mandatory or discretionary action, to:

(A) self-defense;

(B) intent or lack of intent at the time the student engaged in the conduct;

(C) a student's disciplinary history; or

(D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct;

(5) provide guidelines for setting the length of a term of:

(A) a removal under Section 37.006; and

(B) an expulsion under Section 37.007;

(6) address the notification of a student's parent or guardian of a violation of the student code of conduct committed by the student that results in suspension, removal to a disciplinary alternative education program, or expulsion;

(7) prohibit bullying, cyberbullying, harassment, and making hit lists and ensure that district employees enforce those prohibitions; and

(8) provide, as appropriate for students at each grade level, methods, including options, for:

(A) managing students in the classroom and on school grounds;

(B) disciplining students; and

(C) preventing and intervening in student discipline problems, including bullying, cyberbullying, harassment, and making hit lists.

(b) In this section:

(1) "Bullying" and "cyberbullying" have the meanings 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 6. 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, sexual harassment, [and other forms of] bullying, and cyberbullying in school, on school grounds, and in school vehicles.

SECTION 7. Section 37.217(a), Education Code, is amended to read as follows:

(a) The center, in cooperation with the attorney general, shall develop a program that provides instruction concerning Internet safety, including instruction relating to:

(1) the potential dangers of allowing personal information to appear on an Internet website;

(2) the manner in which to report an inappropriate online solicitation; and

(3) the prevention, detection, and reporting of bullying or cyberbullying, as those terms are defined by Section 25.0342 [or threats occurring over the Internet].

SECTION 8. Chapter 37, Education Code, is amended by adding Subchapter Z to read as follows:

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS RELATING TO DISCIPLINE

Sec. 37.902. OFFENSE: BULLYING OR CYBERBULLYING. (a) In this section, "bullying" and "cyberbullying" have the meanings assigned by Section 25.0342.

(b) A student who engages in bullying or cyberbullying commits an offense.

(c) An offense under this section is a misdemeanor punishable by a fine not to exceed $100 for each day on which the bullying or cyberbullying occurs.

(d) Each fine collected under this section shall be deposited to the operating fund of the school district in which the student attends school to be used to provide training under Section 21.451(d)(3).

SECTION 9. Sections 41.001 and 41.002, Family Code, are amended to read as follows:

Sec. 41.001. LIABILITY. A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by:

(1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or

(2) the wilful and malicious conduct of a child who is [at least 10 years of age but] under 18 years of age.

Sec. 41.002. LIMIT OF DAMAGES. Recovery for property damage caused by wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney's fees.

SECTION 10. This Act takes effect September 1, 2011.