By: Whitmire S.B. No. 205
(In the Senate - Filed November 15, 2010; January 31, 2011,
read first time and referred to Committee on Education;
April 18, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 18, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 205 By: Gallegos
A BILL TO BE ENTITLED
AN ACT
relating to school district policies to prohibit bullying,
cyberbullying, harassment, and intimidation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0832 to read as follows:
Sec. 37.0832. SCHOOL DISTRICT POLICY TO PROHIBIT BULLYING,
CYBERBULLYING, HARASSMENT, AND INTIMIDATION. (a) In this
section:
(1) "Bullying" has the meaning assigned by Section
25.0342.
(2) "Cyberbullying" means the use of any electronic
communication device to engage in bullying, harassment, or
intimidation.
(3) "Harassment" has the meaning assigned by Section
37.001.
(b) Each school district shall adopt a policy, including any
necessary procedures, prohibiting bullying, cyberbullying,
harassment, and intimidation consistent with the district student
code of conduct adopted under Section 37.001. To the extent
practicable, a district shall develop the policy after consultation
with district students, parents and guardians of district students,
school employees and volunteers, district administrators, and
community representatives.
(c) The school district policy, including any necessary
procedures, adopted under this section must include:
(1) a prohibition against bullying, cyberbullying,
harassment, and intimidation;
(2) a description of the type of behavior expected
from each district student;
(3) a description of the consequences and appropriate
remedial action for a person who has engaged in an act of bullying,
cyberbullying, harassment, or intimidation, including a strategy
for providing counseling and for referral to appropriate services
or to the appropriate county or district attorney;
(4) a procedure for reporting an act of bullying,
cyberbullying, harassment, or intimidation that includes allowing
a person to anonymously report such an act;
(5) a requirement that a district student, employee,
or volunteer who witnesses or has reliable information that a
student has been subjected to an act of bullying, cyberbullying,
harassment, or intimidation be encouraged to report the act to the
appropriate school official as designated by the district's policy;
(6) a procedure for prompt investigation of a report
of an act of bullying, cyberbullying, harassment, or intimidation;
(7) a description of the manner in which the district
will respond after an act of bullying, cyberbullying, harassment,
or intimidation has been reported, investigated, and confirmed;
(8) a prohibition against engaging in reprisal or
retaliation against any person who reports an act of bullying,
cyberbullying, harassment, or intimidation and a description of the
consequences and appropriate remedial action for a person who
engages in such reprisal or retaliation;
(9) a prohibition against a district student,
employee, or volunteer engaging in reprisal or retaliation against
a victim of, witness to, or person with reliable information
concerning an act of bullying, cyberbullying, harassment, or
intimidation;
(10) a description of the consequences and appropriate
remedial action for a person who, for the purpose of reprisal or
retaliation, has falsely accused another of having engaged in an
act of bullying, cyberbullying, harassment, or intimidation;
(11) a description of the manner in which the policy is
to be publicized in the district;
(12) a requirement that any publicizing of the policy
include notice that the policy applies both to behavior on school
grounds and behavior at school-sponsored activities; and
(13) the identification by job title of each school
official responsible for ensuring that the policy is implemented.
(d) Subsection (c)(4) may not be construed to authorize
formal disciplinary action based solely on an anonymous report.
SECTION 2. Subsection (a), Section 37.083, 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 3. 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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