Texas 2011 - 82nd Regular

Texas Senate Bill SB205 Compare Versions

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1	1	By: Whitmire, Davis S.B. No. 205
2	2	(Thompson)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to school district policies to prohibit bullying,
8	8	cyberbullying, harassment, and intimidation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 37, Education Code, is
11	11	amended by adding Section 37.0832 to read as follows:
12	12	Sec. 37.0832. SCHOOL DISTRICT POLICY TO PROHIBIT BULLYING,
13	13	CYBERBULLYING, HARASSMENT, AND INTIMIDATION. (a) In this
14	14	section:
15	15	(1) "Bullying" has the meaning assigned by Section
16	16	25.0342.
17	17	(2) "Cyberbullying" means the use of any electronic
18	18	communication device to engage in bullying, harassment, or
19	19	intimidation.
20	20	(3) "Harassment" has the meaning assigned by Section
21	21	37.001.
22	22	(b) Each school district shall adopt a policy, including any
23	23	necessary procedures, prohibiting bullying, cyberbullying,
24	24	harassment, and intimidation consistent with the district student
25	25	code of conduct adopted under Section 37.001. To the extent
26	26	practicable, a district shall develop the policy after consultation
27	27	with district students, parents and guardians of district students,
28	28	school employees and volunteers, district administrators, and
29	29	community representatives.
30	30	(c) The school district policy, including any necessary
31	31	procedures, adopted under this section must include:
32	32	(1) a prohibition against bullying, cyberbullying,
33	33	harassment, and intimidation;
34	34	(2) a description of the type of behavior expected
35	35	from each district student;
36	36	(3) a description of the consequences and appropriate
37	37	remedial action for a person who has engaged in an act of bullying,
38	38	cyberbullying, harassment, or intimidation, including a strategy
39	39	for providing counseling and for referral to appropriate services
40	40	or to the appropriate county or district attorney;
41	41	(4) a procedure for reporting an act of bullying,
42	42	cyberbullying, harassment, or intimidation that includes allowing
43	43	a person to anonymously report such an act;
44	44	(5) a requirement that a district student, employee,
45	45	or volunteer who witnesses or has reliable information that a
46	46	student has been subjected to an act of bullying, cyberbullying,
47	47	harassment, or intimidation be encouraged to report the act to the
48	48	appropriate school official as designated by the district's policy;
49	49	(6) a procedure for prompt investigation of a report
50	50	of an act of bullying, cyberbullying, harassment, or intimidation;
51	51	(7) a description of the manner in which the district
52	52	will respond after an act of bullying, cyberbullying, harassment,
53	53	or intimidation has been reported, investigated, and confirmed;
54	54	(8) a prohibition against engaging in reprisal or
55	55	retaliation against any person who reports an act of bullying,
56	56	cyberbullying, harassment, or intimidation and a description of the
57	57	consequences and appropriate remedial action for a person who
58	58	engages in such reprisal or retaliation;
59	59	(9) a prohibition against a district student,
60	60	employee, or volunteer engaging in reprisal or retaliation against
61	61	a victim of, witness to, or person with reliable information
62	62	concerning an act of bullying, cyberbullying, harassment, or
63	63	intimidation;
64	64	(10) a description of the consequences and appropriate
65	65	remedial action for a person who, for the purpose of reprisal or
66	66	retaliation, has falsely accused another of having engaged in an
67	67	act of bullying, cyberbullying, harassment, or intimidation;
68	68	(11) a description of the manner in which the policy is
69	69	to be publicized in the district;
70	70	(12) a requirement that any publicizing of the policy
71	71	include notice that the policy applies both to behavior on school
72	72	grounds and behavior at school-sponsored activities; and
73	73	(13) the identification by job title of each school
74	74	official responsible for ensuring that the policy is implemented.
75	75	(d) Subsection (c)(4) may not be construed to authorize
76	76	formal disciplinary action based solely on an anonymous report.
77	77	SECTION 2. Subsection (a), Section 37.083, Education Code,
78	78	is amended to read as follows:
79	79	(a) Each school district shall adopt and implement a
80	80	discipline management program to be included in the district
81	81	improvement plan under Section 11.252. The program must provide
82	82	for prevention of and education concerning unwanted physical or
83	83	verbal aggression and[,] sexual harassment[, and other forms of
84	84	bullying] in school, on school grounds, and in school vehicles.
85	85	SECTION 3. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2011.