82R5617 CAS-F
By: Hernandez Luna H.B. No. 1467
A BILL TO BE ENTITLED
AN ACT
relating to bullying and cyberbullying in public schools; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.451(d), Education Code, is amended to
read as follows:
(d) The staff development:
(1) may include training in:
(A) technology;
(B) conflict resolution; and
(C) discipline strategies, including classroom
management, district discipline policies, and the student code of
conduct adopted under Section 37.001 and Chapter 37; [and]
(2) subject to Subsection (e), must include training
based on scientifically based research, as defined by Section 9101,
No Child Left Behind Act of 2001 (20 U.S.C. Section 7801), that:
(A) relates to instruction of students with
disabilities; and
(B) is designed for educators who work primarily
outside the area of special education; and
(3) must include training to address bullying and
cyberbullying, as those terms are defined by Section 25.0342, paid
for with local money, including money from fines imposed under
Section 26.016(b) or 37.902.
SECTION 2. The heading to Section 25.0342, Education Code,
is amended to read as follows:
Sec. 25.0342. TRANSFER OF VICTIMS OF BULLYING OR
CYBERBULLYING.
SECTION 3. Section 25.0342, Education Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (a-1)
to read as follows:
(a) In this section:
(1) "Bullying"[, "bullying"] means [engaging in]
written or verbal expression or physical conduct that a student or
group of students exhibits toward another particular student or
another particular group of students and that a school district
board of trustees or the board's designee determines:
(A) [(1)] will have the effect of physically or
mentally 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
(B) [(2)] is sufficiently severe, persistent, or
pervasive enough that the action or threat creates an intimidating,
threatening, or abusive educational environment for a student.
(2) "Cyberbullying" means electronic communication,
including through the use of a cellular or other type of telephone,
a computer, a pager, a camera, electronic mail, instant messaging,
text messaging, or an Internet website, from a student to another
student or from a student to a school district employee:
(A) that a district board of trustees or the
board's designee determines:
(i) will have the effect of physically or
mentally 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
(ii) is sufficiently severe, persistent, or
pervasive enough that the action or threat creates an intimidating,
threatening, or abusive educational environment for a student or
district employee; and
(B) that takes place:
(i) on district property, during a school
or school-sponsored activity, on a school bus, or at a school bus
stop;
(ii) through a district data system without
proper authorization by a district employee; or
(iii) through a computer network off of
district property.
(a-1) In making a determination under Subsection (a), the
board of trustees or the board's designee shall consider:
(1) the specific written or verbal expression,
physical conduct, or electronic communication by the perpetrator;
(2) whether the written or verbal expression,
physical conduct, or electronic communication occurred in front of
or was communicated to a person other than the victim;
(3) the manner in which the perpetrator interacted
with the victim; and
(4) the perpetrator's motivation, either admitted or
appropriately inferred.
(b) On the request of a parent or other person with
authority to act on behalf of a student who is a victim of bullying
or cyberbullying, the board of trustees of a school district or the
board's designee shall transfer the victim to:
(1) another classroom at the campus to which the
victim was assigned at the time the bullying or cyberbullying
occurred; or
(2) a campus in the school district other than the
campus to which the victim was assigned at the time the bullying or
cyberbullying occurred.
(c) The board of trustees or the board's designee shall
verify that a student has been a victim of bullying or cyberbullying
before transferring the student under this section.
SECTION 4. Chapter 26, Education Code, is amended by adding
Section 26.016 to read as follows:
Sec. 26.016. LIABILITY OF PARENTS FOR BULLYING OR
CYBERBULLYING BY CHILD. (a) In this section, "bullying" and
"cyberbullying" have the meanings assigned by Section 25.0342.
(b) A student's parent who negligently fails to exercise
reasonable control or discipline over the student as necessary to
prevent bullying or cyberbullying by the student commits an
offense. An offense under this subsection is a misdemeanor
punishable by a fine not to exceed $100 for each day on which the
bullying or cyberbullying occurs. Each fine collected under this
subsection shall be deposited to the operating fund of the school
district in which the student attends school to be used to provide
training under Section 21.451(d)(3).
(c) A student's parent who negligently fails to exercise
reasonable control or discipline over the student as necessary to
prevent bullying or cyberbullying by the student is liable to the
extent provided by Subsection (e) for any injury to or the death of
another student that is proximately caused by the bullying or
cyberbullying.
(d) A student's parent who negligently fails to exercise
reasonable control or discipline over the student as necessary to
prevent cyberbullying by the student is liable to the extent
provided by Subsection (e) for any injury to or the death of a
school district employee that is proximately caused by the
cyberbullying, if the cyberbullying is in retaliation for or as a
result of the employee's employment or association with the
district, without regard to whether the cyberbullying occurs on or
off of school district property or while attending a
school-sponsored or school-related activity on or off of school
property.
(e) Recovery under Subsection (c) or (d) is limited to
actual damages for medical, dental, or hospital expenses, not to
exceed $25,000, plus court costs and attorney's fees.
SECTION 5. Sections 37.001(a) and (b), Education Code, are
amended to read as follows:
(a) The board of trustees of an independent school district
shall, with the advice of its district-level committee established
under Subchapter F, Chapter 11, adopt a student code of conduct for
the district. The student code of conduct must be posted and
prominently displayed at each school campus or made available for
review at the office of the campus principal. In addition to
establishing standards for student conduct, the student code of
conduct must:
(1) specify the circumstances, in accordance with this
subchapter, under which a student may be removed from a classroom,
campus, or disciplinary alternative education program;
(2) specify conditions that authorize or require a
principal or other appropriate administrator to transfer a student
to a disciplinary alternative education program;
(3) outline conditions under which a student may be
suspended as provided by Section 37.005 or expelled as provided by
Section 37.007;
(4) specify that consideration will be given, as a
factor in each decision concerning suspension, removal to a
disciplinary alternative education program, expulsion, or
placement in a juvenile justice alternative education program,
regardless of whether the decision concerns a mandatory or
discretionary action, to:
(A) self-defense;
(B) intent or lack of intent at the time the
student engaged in the conduct;
(C) a student's disciplinary history; or
(D) a disability that substantially impairs the
student's capacity to appreciate the wrongfulness of the student's
conduct;
(5) provide guidelines for setting the length of a
term of:
(A) a removal under Section 37.006; and
(B) an expulsion under Section 37.007;
(6) address the notification of a student's parent or
guardian of a violation of the student code of conduct committed by
the student that results in suspension, removal to a disciplinary
alternative education program, or expulsion;
(7) prohibit bullying, cyberbullying, harassment, and
making hit lists and ensure that district employees enforce those
prohibitions; and
(8) provide, as appropriate for students at each grade
level, methods, including options, for:
(A) managing students in the classroom and on
school grounds;
(B) disciplining students; and
(C) preventing and intervening in student
discipline problems, including bullying, cyberbullying,
harassment, and making hit lists.
(b) In this section:
(1) "Bullying" and "cyberbullying" have the meanings
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 6. Section 37.083(a), Education Code, is amended to
read as follows:
(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 unwanted physical or
verbal aggression, sexual harassment, [and other forms of]
bullying, and cyberbullying in school, on school grounds, and in
school vehicles.
SECTION 7. Section 37.217(a), Education Code, is amended to
read as follows:
(a) The center, in cooperation with the attorney general,
shall develop a program that provides instruction concerning
Internet safety, including instruction relating to:
(1) the potential dangers of allowing personal
information to appear on an Internet website;
(2) the manner in which to report an inappropriate
online solicitation; and
(3) the prevention, detection, and reporting of
bullying or cyberbullying, as those terms are defined by Section
25.0342 [or threats occurring over the Internet].
SECTION 8. Chapter 37, Education Code, is amended by adding
Subchapter Z to read as follows:
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS RELATING TO DISCIPLINE
Sec. 37.902. OFFENSE: BULLYING OR CYBERBULLYING. (a) In
this section, "bullying" and "cyberbullying" have the meanings
assigned by Section 25.0342.
(b) A student who engages in bullying or cyberbullying
commits an offense.
(c) An offense under this section is a misdemeanor
punishable by a fine not to exceed $100 for each day on which the
bullying or cyberbullying occurs.
(d) Each fine collected under this section shall be
deposited to the operating fund of the school district in which the
student attends school to be used to provide training under Section
21.451(d)(3).
SECTION 9. Sections 41.001 and 41.002, Family Code, are
amended to read as follows:
Sec. 41.001. LIABILITY. A parent or other person who has
the duty of control and reasonable discipline of a child is liable
for any property damage proximately caused by:
(1) the negligent conduct of the child if the conduct
is reasonably attributable to the negligent failure of the parent
or other person to exercise that duty; or
(2) the wilful and malicious conduct of a child who is
[at least 10 years of age but] under 18 years of age.
Sec. 41.002. LIMIT OF DAMAGES. Recovery for property
damage caused by wilful and malicious conduct is limited to actual
damages, not to exceed $25,000 per occurrence, plus court costs and
reasonable attorney's fees.
SECTION 10. This Act takes effect September 1, 2011.