By: Patrick, et al. (Senate Sponsor - Van de Putte) H.B. No. 1942
(In the Senate - Received from the House May 5, 2011;
May 9, 2011, read first time and referred to Committee on
Education; May 20, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 20, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1942 By: Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to bullying in public schools.
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
(D) preventing, identifying, responding to, and
reporting incidents of bullying; 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.
SECTION 2. 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 3. Section 25.0342, Education Code, is amended by
amending Subsection (a) and adding Subsections (b-1) and (b-2) to
read as follows:
(a) In this section, "bullying" has the meaning assigned by
Section 37.0832 [means engaging in written or verbal expression 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].
(b-1) The board of trustees of a school district 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, in
consultation with a parent or other person with authority to act on
behalf of the student who engaged in bullying.
(b-2) Section 37.004 applies to a transfer under Subsection
(b-1) of a student with a disability who receives special education
services.
SECTION 4. Section 28.002, Education Code, is amended by
adding Subsection (s) to read as follows:
(s) In this subsection, "bullying" has the meaning assigned
by Section 37.0832 and "harassment" has the meaning assigned by
Section 37.001. In addition to any other essential knowledge and
skills the State Board of Education adopts for the health
curriculum under Subsection (a)(2)(B), the board shall adopt for
the health curriculum, in consultation with the Texas School Safety
Center, essential knowledge and skills that include evidence-based
practices that will effectively address awareness, prevention,
identification, self-defense in response to, and resolution of and
intervention in bullying and harassment.
SECTION 5. Section 37.001(b), Education Code, is amended to
read as follows:
(b) In this section:
(1) "Bullying" has the meaning assigned by Section
37.0832.
(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 and [,] sexual harassment [, and other forms of
bullying] in school, on school grounds, and in school vehicles.
SECTION 7. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0832 to read as follows:
Sec. 37.0832. BULLYING PREVENTION POLICIES AND PROCEDURES.
(a) In this section, "bullying" means, subject to Subsection (b),
engaging in written or verbal expression, expression through
electronic means, or physical conduct that occurs on school
property, at a school-sponsored or school-related activity, or in a
vehicle operated by the district and that:
(1) has the effect or 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, and pervasive
enough that the action or threat creates an intimidating,
threatening, or abusive educational environment for a student.
(b) Conduct described by Subsection (a) is considered
bullying if that conduct:
(1) exploits an imbalance of power between the student
perpetrator and the student victim through written or verbal
expression or physical conduct; and
(2) interferes with a student's education or
substantially disrupts the operation of a school.
(c) The board of trustees of each school district shall
adopt a policy, including any necessary procedures, concerning
bullying that:
(1) prohibits the bullying of a student;
(2) prohibits retaliation against any person,
including a victim, a witness, or another person, who in good faith
provides information concerning an incident of bullying;
(3) establishes a procedure for providing notice of an
incident of bullying to a parent or guardian of the victim and a
parent or guardian of the bully within a reasonable amount of time
after the incident;
(4) establishes the actions a student should take to
obtain assistance and intervention in response to bullying;
(5) sets out the available counseling options for a
student who is a victim of or a witness to bullying or who engages in
bullying;
(6) establishes procedures for reporting an incident
of bullying, investigating a reported incident of bullying, and
determining whether the reported incident of bullying occurred;
(7) prohibits the imposition of a disciplinary measure
on a student who, after an investigation, is found to be a victim of
bullying, on the basis of that student's use of reasonable
self-defense in response to the bullying; and
(8) requires that discipline for bullying of a student
with disabilities comply with applicable requirements under
federal law, including the Individuals with Disabilities Education
Act (20 U.S.C. Section 1400 et seq.).
(d) The policy and any necessary procedures adopted under
Subsection (c) must be included:
(1) annually, in the student and employee school
district handbooks; and
(2) in the district improvement plan under Section
11.252.
(e) The procedure for reporting bullying established under
Subsection (c) must be posted on the district's Internet website to
the extent practicable.
SECTION 8. This Act applies beginning with the 2012-2013
school year.
SECTION 9. 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, 2011.
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