87R25763 TSS-F
 
  By: Menéndez, et al. S.B. No. 2050
 
  (Allison, Meza)
 
  Substitute the following for S.B. No. 2050:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to bullying and cyberbullying in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.0832, Education Code, is amended by
  amending Subsection (c) and adding Subsection (c-1) to read as
  follows:
         (c)  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)  prevents and mediates bullying incidents between
  students that:
                     (A)  interfere with a student's educational
  opportunities; or
                     (B)  substantially disrupt the orderly operation
  of a classroom, school, or school-sponsored or school-related
  activity;
               (3) [(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;
               (4) [(3)]  establishes a procedure for providing
  notice of an incident of bullying to:
                     (A)  a parent or guardian of the alleged victim on
  or before the third business day after the date the incident is
  reported; and
                     (B)  a parent or guardian of the alleged bully
  within a reasonable amount of time after the incident;
               (5) [(4)]  establishes the actions a student should
  take to obtain assistance and intervention in response to bullying;
               (6) [(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;
               (7) [(6)]  establishes procedures for reporting an
  incident of bullying, including procedures for a student to
  anonymously report an incident of bullying, investigating a
  reported incident of bullying, and determining whether the reported
  incident of bullying occurred;
               (8) [(7)]  prohibits the imposition of a disciplinary
  measure on a student who, after an investigation, is found to be a
  victim of bullying, on the basis of that student's use of reasonable
  self-defense in response to the bullying; [and]
               (9) [(8)]  requires that discipline for bullying of a
  student with disabilities comply with applicable requirements
  under federal law, including the Individuals with Disabilities
  Education Act (20 U.S.C. Section 1400 et seq.); and
               (10)  complies with the minimum standards adopted by
  the agency under Subsection (c-1).
         (c-1)  The agency shall adopt minimum standards for a school
  district's policy under Subsection (c). The standards must:
               (1)  include an emphasis on bullying prevention by
  focusing on school climate and building healthy relationships
  between students and staff;
               (2)  require each district campus to establish a
  committee to address bullying by focusing on prevention efforts and
  health and wellness initiatives;
               (3)  require students at each grade level to meet
  periodically for instruction on building relationships and
  preventing bullying, including cyberbullying;
               (4)  include an emphasis on increasing student
  reporting of bullying incidents to school employees by:
                     (A)  increasing awareness about district
  reporting procedures; and
                     (B)  providing for anonymous reporting of
  bullying incidents;
               (5)  require districts to:
                     (A)  collect information annually through student
  surveys on bullying, including cyberbullying; and
                     (B)  use those survey results to develop action
  plans to address student concerns regarding bullying, including
  cyberbullying; and
               (6)  require districts to develop a rubric or checklist
  to assess an incident of bullying and to determine the district's
  response to the incident.
         SECTION 2.  Section 48.009, Education Code, is amended by
  adding Subsection (b-4) to read as follows:
         (b-4)  The commissioner by rule shall require each school
  district and open-enrollment charter school to annually report
  through the Public Education Information Management System the
  number of reported incidents of bullying that have occurred at each
  campus.  The commissioner's rules shall require a district or
  school to specify the number of incidents of bullying that included
  cyberbullying.
         SECTION 3.  Section 37.0832(f), Education Code, is repealed.
         SECTION 4.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 5.  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, 2021.