Texas 2009 - 81st Regular

Texas Senate Bill SB1725 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11558 CAS-D
2	2	By: West S.B. No. 1725
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to preventing bullying and harassment against public
8	8	school students.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 22, Education Code, is
11	11	amended by adding Section 22.010 to read as follows:
12	12	Sec. 22.010. REPORTS AND RETALIATION CONCERNING BULLYING OR
13	13	HARASSMENT; IMMUNITY FROM SUIT AND LIABILITY. (a) In this section:
14	14	(1) "Bullying" has the meaning assigned by Section
15	15	25.0342.
16	16	(2) "Harassment" has the meaning assigned by Section
17	17	37.001(b).
18	18	(b) A school district employee or volunteer who witnesses a
19	19	student being bullied or harassed or has reliable information that
20	20	a student is a victim of bullying or harassment may report the
21	21	incident or information to the appropriate district employee in
22	22	accordance with district policy.
23	23	(c) A school district employee or volunteer who promptly
24	24	provides a report under Subsection (b) in accordance with school
25	25	district policy is immune from suit and from civil liability
26	26	arising from any failure to remedy the bullying or harassment about
27	27	which the report was made.
28	28	SECTION 2. Section 25.0342(a), Education Code, is amended
29	29	to read as follows:
30	30	(a) In this section, "bullying" means engaging in written or
31	31	verbal expression, expression through electronic means, or
32	32	physical conduct, on or off of school property, that a school
33	33	district board of trustees or the board's designee determines:
34	34	(1) will have the effect of physically harming a
35	35	student, damaging a student's property, or placing a student in
36	36	reasonable fear of harm to the student's person or of damage to the
37	37	student's property; [or]
38	38	(2) is sufficiently severe, persistent, or pervasive
39	39	enough that the action or threat creates an intimidating,
40	40	threatening, or abusive educational environment for a student; or
41	41	(3) is communicated in a manner likely to cause a
42	42	disruption to the educational environment of a campus.
43	43	SECTION 3. Section 37.001, Education Code, is amended by
44	44	amending Subsection (b) and adding Subsection (b-3) to read as
45	45	follows:
46	46	(b) In this section:
47	47	(1) "Bullying" has the meaning assigned by Section
48	48	25.0342.
49	49	(2) "Harassment" means threatening to cause harm or
50	50	bodily injury to another student, engaging in sexually intimidating
51	51	conduct, causing physical damage to the property of another
52	52	student, subjecting another student to physical confinement or
53	53	restraint, or maliciously taking any action, on or off of school
54	54	property, that substantially harms another student's physical or
55	55	emotional health or safety.
56	56	(3) [(2)] "Hit list" means a list of people targeted
57	57	to be harmed, using:
58	58	(A) a firearm, as defined by Section 46.01(3),
59	59	Penal Code;
60	60	(B) a knife, as defined by Section 46.01(7),
61	61	Penal Code; or
62	62	(C) any other object to be used with intent to
63	63	cause bodily harm.
64	64	(b-3) In connection with prohibiting bullying and
65	65	harassment under Subsection (a)(7), the student code of conduct
66	66	also must provide that a student:
67	67	(1) who witnesses another student being bullied or
68	68	harassed or has reliable information that another student is a
69	69	victim of bullying or harassment may report the incident or
70	70	information to the appropriate district employee in accordance with
71	71	district policy; and
72	72	(2) may not retaliate against a victim of, witness to,
73	73	or person with reliable information concerning bullying or
74	74	harassment.
75	75	SECTION 4. Section 37.083, Education Code, is amended to
76	76	read as follows:
77	77	Sec. 37.083. DISCIPLINE MANAGEMENT PROGRAMS; BULLYING AND
78	78	[SEXUAL] HARASSMENT PREVENTION POLICIES. (a) In this section:
79	79	(1) "Bullying" has the meaning assigned by Section
80	80	25.0342.
81	81	(2) "Harassment" has the meaning assigned by Section
82	82	37.001(b).
83	83	(b) Each school district shall adopt and implement a
84	84	discipline management program to be included in the district
85	85	improvement plan under Section 11.252. The program must provide
86	86	for prevention of and education concerning bullying, including
87	87	unwanted physical and [or] verbal aggression, and [sexual]
88	88	harassment, on and off of [, and other forms of bullying in] school
89	89	property [, on school grounds, and in school vehicles]. The program
90	90	may provide for a bullying and harassment prevention task force
91	91	composed of the district-level planning and decision-making
92	92	committee established under Section 11.251, students, district
93	93	volunteers, and representatives of law enforcement.
94	94	(c) [(b)] Each school district shall [may] develop and
95	95	implement a bullying and [sexual] harassment prevention policy to
96	96	be included in the district improvement plan under Section 11.252.
97	97	The policy must be developed in consultation with the
98	98	district-level planning and decision-making committee, students,
99	99	and district volunteers.
100	100	(d) The policy developed under Subsection (c) may include:
101	101	(1) a statement prohibiting bullying and harassment,
102	102	on or off of school property;
103	103	(2) definitions of bullying and harassment consistent
104	104	with the definitions provided under Subsection (a);
105	105	(3) a description of the type of behavior relating to
106	106	bullying and harassment from which a student is expected to
107	107	refrain;
108	108	(4) a procedure for reporting bullying and harassment,
109	109	including a procedure for making a report anonymously that
110	110	prohibits disciplinary action against a student for bullying or
111	111	harassment solely on the basis of an anonymous report;
112	112	(5) a procedure for prompt investigation of a report
113	113	under Subdivision (4);
114	114	(6) a statement of the manner in which a district will
115	115	respond to a confirmed act of bullying or harassment;
116	116	(7) a statement of the consequences, including
117	117	remedial action, for a student who engages in bullying or
118	118	harassment;
119	119	(8) a statement prohibiting retaliation against a
120	120	person who reports bullying or harassment;
121	121	(9) a statement of the consequences, including
122	122	appropriate remedial action, for a student who engages in
123	123	retaliation described by Subdivision (8);
124	124	(10) a statement of the consequences, including
125	125	remedial action, for a student who, as a means of retaliation,
126	126	bullying, or harassment, falsely accuses another of bullying or
127	127	harassment;
128	128	(11) a statement of the manner in which the policy,
129	129	including the application of the policy on or off of school
130	130	property, is to be publicized in the district; and
131	131	(12) a statement of the job titles of school district
132	132	personnel, including campus personnel, responsible for enforcing
133	133	the policy.
134	134	SECTION 5. This Act applies beginning with the 2009-2010
135	135	school year.
136	136	SECTION 6. This Act takes effect immediately if it receives
137	137	a vote of two-thirds of all the members elected to each house, as
138	138	provided by Section 39, Article III, Texas Constitution. If this
139	139	Act does not receive the vote necessary for immediate effect, this
140	140	Act takes effect September 1, 2009.