81R11558 CAS-D
By: West S.B. No. 1725
A BILL TO BE ENTITLED
AN ACT
relating to preventing bullying and harassment against public
school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 22, Education Code, is
amended by adding Section 22.010 to read as follows:
Sec. 22.010. REPORTS AND RETALIATION CONCERNING BULLYING OR
HARASSMENT; IMMUNITY FROM SUIT AND LIABILITY. (a) In this section:
(1) "Bullying" has the meaning assigned by Section
25.0342.
(2) "Harassment" has the meaning assigned by Section
37.001(b).
(b) A school district employee or volunteer who witnesses a
student being bullied or harassed or has reliable information that
a student is a victim of bullying or harassment may report the
incident or information to the appropriate district employee in
accordance with district policy.
(c) A school district employee or volunteer who promptly
provides a report under Subsection (b) in accordance with school
district policy is immune from suit and from civil liability
arising from any failure to remedy the bullying or harassment about
which the report was made.
SECTION 2. Section 25.0342(a), Education Code, is amended
to read as follows:
(a) In this section, "bullying" means engaging in written or
verbal expression, expression through electronic means, or
physical conduct, on or off of school property, 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) is communicated in a manner likely to cause a
disruption to the educational environment of a campus.
SECTION 3. Section 37.001, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-3) 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, on or off of school
property, 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.
(b-3) In connection with prohibiting bullying and
harassment under Subsection (a)(7), the student code of conduct
also must provide that a student:
(1) who witnesses another student being bullied or
harassed or has reliable information that another student is a
victim of bullying or harassment may report the incident or
information to the appropriate district employee in accordance with
district policy; and
(2) may not retaliate against a victim of, witness to,
or person with reliable information concerning bullying or
harassment.
SECTION 4. Section 37.083, Education Code, is amended to
read as follows:
Sec. 37.083. DISCIPLINE MANAGEMENT PROGRAMS; BULLYING AND
[SEXUAL] HARASSMENT PREVENTION POLICIES. (a) In this section:
(1) "Bullying" has the meaning assigned by Section
25.0342.
(2) "Harassment" has the meaning assigned by Section
37.001(b).
(b) 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, including
unwanted physical and [or] verbal aggression, and [sexual]
harassment, on and off of [, and other forms of bullying in] school
property [, on school grounds, and in school vehicles]. The program
may provide for a bullying and harassment prevention task force
composed of the district-level planning and decision-making
committee established under Section 11.251, students, district
volunteers, and representatives of law enforcement.
(c) [(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 be developed in consultation with the
district-level planning and decision-making committee, students,
and district volunteers.
(d) The policy developed under Subsection (c) may include:
(1) a statement prohibiting bullying and harassment,
on or off of school property;
(2) definitions of bullying and harassment consistent
with the definitions provided under Subsection (a);
(3) a description of the type of behavior relating to
bullying and harassment from which a student is expected to
refrain;
(4) a procedure for reporting bullying and harassment,
including a procedure for making a report anonymously that
prohibits disciplinary action against a student for bullying or
harassment solely on the basis of an anonymous report;
(5) a procedure for prompt investigation of a report
under Subdivision (4);
(6) a statement of the manner in which a district will
respond to a confirmed act of bullying or harassment;
(7) a statement of the consequences, including
remedial action, for a student who engages in bullying or
harassment;
(8) a statement prohibiting retaliation against a
person who reports bullying or harassment;
(9) a statement of the consequences, including
appropriate remedial action, for a student who engages in
retaliation described by Subdivision (8);
(10) a statement of the consequences, including
remedial action, for a student who, as a means of retaliation,
bullying, or harassment, falsely accuses another of bullying or
harassment;
(11) a statement of the manner in which the policy,
including the application of the policy on or off of school
property, is to be publicized in the district; and
(12) a statement of the job titles of school district
personnel, including campus personnel, responsible for enforcing
the policy.
SECTION 5. This Act applies beginning with the 2009-2010
school year.
SECTION 6. 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.