81R22855 CAS-D
By: Strama, Gonzales, Anchia, Pierson, H.B. No. 1323
et al.
Substitute the following for H.B. No. 1323:
By: Weber C.S.H.B. No. 1323
A BILL TO BE ENTITLED
AN ACT
relating to bullying and harassment in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. Section 25.0342, Education Code, is amended by
amending Subsections (a), (c), and (e) and adding Subsections (b-1)
and (b-2) to read as follows:
(a) In this section, "bullying" means engaging in physical
conduct or written or verbal expression, including expression
through electronic means, on or off of school property, [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; or
(3) substantially disrupts the orderly operation of a
school.
(b-1) On the request of a parent or other person with
authority to act on behalf of a student who is a victim of bullying,
the board of trustees of a school district or the board's designee
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) To the extent practicable, the board of trustees and
each district educator with knowledge of the request shall keep a
request received under Subsection (b) or (b-1) confidential.
(c) The board of trustees or the board's designee shall
verify that a student has been a victim of or has engaged in
bullying, as applicable, before transferring the student under this
section.
(e) The determination by the board of trustees or the
board's designee under Subsection (c) is final and may not be
appealed.
SECTION 3. Section 37.001(b), Education Code, is amended to
read as follows:
(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, Education Code, is amended to
read as follows:
Sec. 37.083. DISCIPLINE MANAGEMENT PROGRAMS; BULLYING AND
SEXUAL HARASSMENT POLICIES. (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 bullying,
unwanted physical or verbal aggression, and sexual harassment[, and
other forms of bullying in school, on school grounds, and in school
vehicles].
(b) Each school district shall [may] develop and implement a
bullying and sexual harassment prevention policy to be included in
the district improvement plan under Section 11.252. The policy
must provide for:
(1) the instruction of students regarding the elements
of bullying and sexual harassment;
(2) the action students should take in case of
bullying or sexual harassment, including reporting an incident; and
(3) the notification of the parents or guardians of
each student involved in an incident of bullying or sexual
harassment.
SECTION 5. Section 39.053(a), Education Code, is amended to
read as follows:
(a) Each board of trustees shall publish an annual report
describing the educational performance of the district and of each
campus in the district that includes uniform student performance
and descriptive information as determined under rules adopted by
the commissioner. The annual report must also include:
(1) campus performance objectives established under
Section 11.253 and the progress of each campus toward those
objectives, which shall be available to the public;
(2) the performance rating for the district as
provided under Section 39.072(a) and the performance rating of each
campus in the district as provided under Section 39.072(c);
(3) the district's current special education
compliance status with the agency;
(4) a statement of the number, rate, and type of
incidents of bullying, harassment, sexual harassment,
discrimination, and violent or criminal incidents against any
student on the basis of the actual or perceived race, ethnicity,
color, religion, gender, gender identity or expression, sexual
orientation, national origin, or disability of the alleged
perpetrator or victim that occurred on each district campus, to the
extent permitted under the Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Section 1232g);
(5) information concerning bullying, harassment,
sexual harassment, and school violence prevention and [violence]
intervention policies and procedures that the district is using to
protect students; [and]
(6) the findings that result from evaluations
conducted under the Safe and Drug-Free Schools and Communities Act
[of 1994] (20 U.S.C. Section 7101 et seq.) [and its subsequent
amendments]; and
(7) information received under Section 51.403(e) for
each high school campus in the district, presented in a form
determined by the commissioner.
SECTION 6. This Act applies beginning with the 2009-2010
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, 2009.