By: Patrick, Shelton, Strama, Eissler, H.B. No. 1942
      Guillen, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to bullying in public schools.
         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
                     (D)  preventing, identifying, responding to, and
  reporting incidents of bullying; 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.
         SECTION 2.  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 3.  Section 25.0342, Education Code, is amended by
  amending Subsection (a) and adding Subsections (b-1) and (b-2) 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].
         (b-1)  The board of trustees of a school district 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)  Section 37.004 applies to a transfer under Subsection
  (b-1) of a student with a disability who receives special education
  services.
         SECTION 4.  Section 28.002, Education Code, is amended by
  adding Subsection (s) to read as follows:
         (s)  In this subsection, "bullying" has the meaning assigned
  by Section 37.0832 and "harassment" has the meaning assigned by
  Section 37.001. In addition to any other essential knowledge and
  skills the State Board of Education adopts for the health
  curriculum under Subsection (a)(2)(B), the board shall adopt for
  the health curriculum, in consultation with the Texas School Safety
  Center, essential knowledge and skills that include evidence-based
  practices that will effectively address awareness, prevention,
  identification, self-defense in response to, and resolution of and
  intervention in bullying and harassment.
         SECTION 5.  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 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 and [,] sexual harassment [, and other forms of
  bullying] in school, on school grounds, and in school vehicles.
         SECTION 7.  Subchapter C, Chapter 37, Education Code, is
  amended by adding Section 37.0832 to read as follows:
         Sec. 37.0832.  BULLYING PREVENTION POLICIES AND PROCEDURES.
  (a) In this section, "bullying" means engaging in written or verbal
  expression, expression through electronic means, or physical
  conduct that occurs on school property, at a school-sponsored or
  school-related activity, or in a vehicle operated by the district
  and that:
               (1)  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;
               (2)  is sufficiently severe, persistent, and pervasive
  enough that the action or threat creates an intimidating,
  threatening, or abusive educational environment for a student;
               (3)  exploits an imbalance of power between the student
  perpetrator and the student victim through written or verbal
  expression or physical conduct; and
               (4)  interferes with a student's education or
  substantially disrupts the operation of a school.
         (b)  The board of trustees of each school district shall
  adopt a policy, including any necessary procedures, concerning
  bullying that:
               (1)  prohibits the 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)  establishes a procedure for providing notice of an
  incident of bullying to a parent or guardian of the victim and a
  parent or guardian of the bully within a reasonable amount of time
  after the incident;
               (4)  establishes the actions a student should take to
  obtain assistance and intervention in response to bullying;
               (5)  sets out the available counseling options for a
  student who is a victim of or a witness to bullying or who engages in
  bullying;
               (6)  establishes procedures for reporting an incident
  of bullying, investigating a reported incident of bullying, and
  determining whether the reported incident of bullying occurred; and
               (7)  prohibits the imposition of a disciplinary measure
  on a student who is a victim of bullying on the basis of that
  student's use of reasonable self-defense in response to the
  bullying.
         (c)  The policy and any necessary procedures adopted under
  Subsection (b) must be included:
               (1)  annually, in the student and employee school
  district handbooks; and
               (2)  in the district improvement plan under Section
  11.252.
         (d)  The procedure for reporting bullying established under
  Subsection (b) must be posted on the district's Internet website to
  the extent practicable.
         SECTION 8.  This Act applies beginning with the 2011-2012
  school year.
         SECTION 9.  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.