Texas 2009 - 81st Regular

Texas House Bill HB1323 Compare Versions

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Old	New	Differences
1	1	81R22855 CAS-D
2	2	By: Strama, Gonzales, Anchia, Pierson, H.B. No. 1323
3	3	et al.
4	4	Substitute the following for H.B. No. 1323:
5	5	By: Weber C.S.H.B. No. 1323
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to bullying and harassment in public schools.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 25.0342, Education Code,
13	13	is amended to read as follows:
14	14	Sec. 25.0342. TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR
15	15	HAVE ENGAGED IN BULLYING.
16	16	SECTION 2. Section 25.0342, Education Code, is amended by
17	17	amending Subsections (a), (c), and (e) and adding Subsections (b-1)
18	18	and (b-2) to read as follows:
19	19	(a) In this section, "bullying" means engaging in physical
20	20	conduct or written or verbal expression, including expression
21	21	through electronic means, on or off of school property, [or
22	22	physical conduct] that a school district board of trustees or the
23	23	board's designee determines:
24	24	(1) will have the effect of physically harming a
25	25	student, damaging a student's property, or placing a student in
26	26	reasonable fear of harm to the student's person or of damage to the
27	27	student's property; [or]
28	28	(2) is sufficiently severe, persistent, or pervasive
29	29	enough that the action or threat creates an intimidating,
30	30	threatening, or abusive educational environment for a student; or
31	31	(3) substantially disrupts the orderly operation of a
32	32	school.
33	33	(b-1) On the request of a parent or other person with
34	34	authority to act on behalf of a student who is a victim of bullying,
35	35	the board of trustees of a school district or the board's designee
36	36	may transfer the student who engaged in bullying to:
37	37	(1) another classroom at the campus to which the
38	38	victim was assigned at the time the bullying occurred; or
39	39	(2) a campus in the district other than the campus to
40	40	which the victim was assigned at the time the bullying occurred.
41	41	(b-2) To the extent practicable, the board of trustees and
42	42	each district educator with knowledge of the request shall keep a
43	43	request received under Subsection (b) or (b-1) confidential.
44	44	(c) The board of trustees or the board's designee shall
45	45	verify that a student has been a victim of or has engaged in
46	46	bullying, as applicable, before transferring the student under this
47	47	section.
48	48	(e) The determination by the board of trustees or the
49	49	board's designee under Subsection (c) is final and may not be
50	50	appealed.
51	51	SECTION 3. Section 37.001(b), Education Code, is amended to
52	52	read as follows:
53	53	(b) In this section:
54	54	(1) "Bullying" has the meaning assigned by Section
55	55	25.0342.
56	56	(2) "Harassment" means threatening to cause harm or
57	57	bodily injury to another student, engaging in sexually intimidating
58	58	conduct, causing physical damage to the property of another
59	59	student, subjecting another student to physical confinement or
60	60	restraint, or maliciously taking any action that substantially
61	61	harms another student's physical or emotional health or safety.
62	62	(3) [(2)] "Hit list" means a list of people targeted
63	63	to be harmed, using:
64	64	(A) a firearm, as defined by Section 46.01(3),
65	65	Penal Code;
66	66	(B) a knife, as defined by Section 46.01(7),
67	67	Penal Code; or
68	68	(C) any other object to be used with intent to
69	69	cause bodily harm.
70	70	SECTION 4. Section 37.083, Education Code, is amended to
71	71	read as follows:
72	72	Sec. 37.083. DISCIPLINE MANAGEMENT PROGRAMS; BULLYING AND
73	73	SEXUAL HARASSMENT POLICIES. (a) Each school district shall adopt
74	74	and implement a discipline management program to be included in the
75	75	district improvement plan under Section 11.252. The program must
76	76	provide for prevention of and education concerning bullying,
77	77	unwanted physical or verbal aggression, and sexual harassment[, and
78	78	other forms of bullying in school, on school grounds, and in school
79	79	vehicles].
80	80	(b) Each school district shall [may] develop and implement a
81	81	bullying and sexual harassment prevention policy to be included in
82	82	the district improvement plan under Section 11.252. The policy
83	83	must provide for:
84	84	(1) the instruction of students regarding the elements
85	85	of bullying and sexual harassment;
86	86	(2) the action students should take in case of
87	87	bullying or sexual harassment, including reporting an incident; and
88	88	(3) the notification of the parents or guardians of
89	89	each student involved in an incident of bullying or sexual
90	90	harassment.
91	91	SECTION 5. Section 39.053(a), Education Code, is amended to
92	92	read as follows:
93	93	(a) Each board of trustees shall publish an annual report
94	94	describing the educational performance of the district and of each
95	95	campus in the district that includes uniform student performance
96	96	and descriptive information as determined under rules adopted by
97	97	the commissioner. The annual report must also include:
98	98	(1) campus performance objectives established under
99	99	Section 11.253 and the progress of each campus toward those
100	100	objectives, which shall be available to the public;
101	101	(2) the performance rating for the district as
102	102	provided under Section 39.072(a) and the performance rating of each
103	103	campus in the district as provided under Section 39.072(c);
104	104	(3) the district's current special education
105	105	compliance status with the agency;
106	106	(4) a statement of the number, rate, and type of
107	107	incidents of bullying, harassment, sexual harassment,
108	108	discrimination, and violent or criminal incidents against any
109	109	student on the basis of the actual or perceived race, ethnicity,
110	110	color, religion, gender, gender identity or expression, sexual
111	111	orientation, national origin, or disability of the alleged
112	112	perpetrator or victim that occurred on each district campus, to the
113	113	extent permitted under the Family Educational Rights and Privacy
114	114	Act of 1974 (20 U.S.C. Section 1232g);
115	115	(5) information concerning bullying, harassment,
116	116	sexual harassment, and school violence prevention and [violence]
117	117	intervention policies and procedures that the district is using to
118	118	protect students; [and]
119	119	(6) the findings that result from evaluations
120	120	conducted under the Safe and Drug-Free Schools and Communities Act
121	121	[of 1994] (20 U.S.C. Section 7101 et seq.) [and its subsequent
122	122	amendments]; and
123	123	(7) information received under Section 51.403(e) for
124	124	each high school campus in the district, presented in a form
125	125	determined by the commissioner.
126	126	SECTION 6. This Act applies beginning with the 2009-2010
127	127	school year.
128	128	SECTION 7. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2009.