82R5531 CAS-F

By: Patrick H.B. No. 1942

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 25.0342, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) In this section, "bullying" means engaging in written or verbal expression, expression through electronic means, or physical conduct, including a gesture, 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.

(a-1) For purposes of Subsection (a), expression through electronic means includes expression by transmission of language, data, an image, or a symbol through the use of software, video, social media, or electronic mail or texting.

SECTION 2. 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 25.0342 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:

(1) evidence-based practice indicates will effectively address awareness, prevention, identification, and resolution of and intervention in bullying and harassment; and

(2) address the use of peer mediation to resolve conflicts between students.

SECTION 3. 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, 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, harassment, and making hit lists; and

(9) provide for notifying a student's parent or guardian and appropriate district employees, in a manner that complies with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), regarding an act of bullying, harassment, or making a hit list.

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

Sec. 37.0832. POLICIES TO ADDRESS BULLYING. (a) In this section, "bullying" has the meaning assigned by Section 25.0342.

(b) Each school district shall adopt and implement a policy addressing bullying that:

(1) includes evidence-based practices developed by the Texas School Safety Center for increasing administrator, teacher, student, and parent awareness of issues regarding bullying;

(2) establishes the actions a student, teacher, or administrator who is a victim of or witness to bullying should take to obtain assistance and intervention;

(3) sets out the available counseling options for a student who is a victim of or witness to bullying or who engages in bullying; and

(4) includes peer mediation, student engagement, and leadership strategies to prevent and respond to bullying.

(c) The policy under Subsection (b) must be included in:

(1) any school district informational handbook provided to students or parents; and

(2) the district improvement plan under Section 11.252.

SECTION 6. This Act applies beginning with the 2011-2012 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, 2011.