Texas 2017 - 85th Regular

Texas House Bill HB305 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R3559 MEW-D
2	2	By: Minjarez H.B. No. 305
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to student harassment, bullying, and cyberbullying.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act shall be known as David's Law.
10	10	SECTION 2. Section 37.0832, Education Code, is amended by
11	11	amending Subsections (a), (c), (d), and (e) and adding Subsection
12	12	(a-1) to read as follows:
13	13	(a) In this section:
14	14	(1) "Bullying":
15	15	(A) [, "bullying"] means a single significant act
16	16	or a pattern of acts by one or more students directed at another
17	17	student that exploits an imbalance of power and involves [, subject
18	18	to Subsection (b),] engaging in written or verbal expression,
19	19	expression through electronic means, or physical conduct, that
20	20	satisfies the applicability requirements provided by Subsection
21	21	(a-1), [that occurs on school property, at a school-sponsored or
22	22	school-related activity, or in a vehicle operated by the district]
23	23	and that:
24	24	(i) [(1)] has the effect or will have the
25	25	effect of physically harming a student, causing a student to
26	26	experience substantial negative mental health effects, damaging a
27	27	student's property, or placing a student in reasonable fear of harm
28	28	to the student's person or of damage to the student's property; [or]
29	29	(ii) [(2)] is sufficiently severe,
30	30	persistent, and pervasive enough that the action or threat creates
31	31	an intimidating, threatening, or abusive educational environment
32	32	for a student;
33	33	(iii) materially and substantially
34	34	disrupts the educational process or the orderly operation of a
35	35	classroom or school; or
36	36	(iv) infringes on the rights of the victim
37	37	at school; and
38	38	(B) includes cyberbullying.
39	39	(2) "Cyberbullying" means bullying that is done
40	40	through the use of electronic communication, including through the
41	41	use of a cellular or other type of telephone, a computer, a pager, a
42	42	camera, electronic mail, instant messaging, text messaging, a
43	43	social media account, or an Internet website.
44	44	(a-1) This section applies to:
45	45	(1) bullying that occurs on or is delivered to school
46	46	property or to the site of a school-sponsored or school-related
47	47	activity on or off school property;
48	48	(2) bullying that occurs on a publicly or privately
49	49	owned school bus or van being used for transportation of students to
50	50	or from school or a school-sponsored or school-related activity;
51	51	and
52	52	(3) cyberbullying that occurs off school property or
53	53	outside of a school-sponsored or school-related activity if the
54	54	cyberbullying:
55	55	(A) interferes with a student's educational
56	56	opportunities; or
57	57	(B) substantially disrupts the orderly operation
58	58	of a classroom, school, or school-sponsored or school-related
59	59	activity.
60	60	(c) The board of trustees of each school district and the
61	61	governing body of each open-enrollment charter school or private
62	62	school shall adopt a policy, including any necessary procedures,
63	63	concerning bullying that:
64	64	(1) prohibits the bullying of a student;
65	65	(2) prohibits retaliation against any person,
66	66	including a victim, a witness, or another person, who in good faith
67	67	provides information concerning an incident of bullying;
68	68	(3) establishes a procedure for providing notice of an
69	69	incident of bullying to a parent or guardian of the victim and a
70	70	parent or guardian of the bully not later than the next school day
71	71	[within a reasonable amount of time] after the incident is
72	72	reported;
73	73	(4) establishes the actions a student should take to
74	74	obtain assistance and intervention in response to bullying;
75	75	(5) sets out the available counseling options for a
76	76	student who is a victim of or a witness to bullying or who engages in
77	77	bullying;
78	78	(6) establishes procedures for reporting an incident
79	79	of bullying, including procedures for a student, parent, teacher,
80	80	or administrator to anonymously report an incident of bullying,
81	81	investigating a reported incident of bullying, and determining
82	82	whether the reported incident of bullying occurred;
83	83	(7) prohibits the imposition of a disciplinary measure
84	84	on a student who, after an investigation, is found to be a victim of
85	85	bullying, on the basis of that student's use of reasonable
86	86	self-defense in response to the bullying; and
87	87	(8) requires that discipline for bullying of a student
88	88	with disabilities comply with applicable requirements under
89	89	federal law, including the Individuals with Disabilities Education
90	90	Act (20 U.S.C. Section 1400 et seq.).
91	91	(d) The policy and any necessary procedures adopted under
92	92	Subsection (c) must be included:
93	93	(1) annually, in any [the] student and employee
94	94	[school district] handbooks; and
95	95	(2) in the district improvement plan under Section
96	96	11.252.
97	97	(e) The procedure for reporting bullying established under
98	98	Subsection (c) must be posted on the district's or school's Internet
99	99	website to the extent practicable.
100	100	SECTION 3. Subchapter A, Chapter 37, Education Code, is
101	101	amended by adding Section 37.0052 to read as follows:
102	102	Sec. 37.0052. PLACEMENT OR EXPULSION OF STUDENTS WHO HAVE
103	103	ENGAGED IN CERTAIN BULLYING BEHAVIOR. (a) In this section:
104	104	(1) "Bullying" has the meaning assigned by Section
105	105	37.0832.
106	106	(2) "Intimate visual material" has the meaning
107	107	assigned by Section 98B.001, Civil Practice and Remedies Code.
108	108	(b) A student may be removed from class and placed in a
109	109	disciplinary alternative education program as provided by Section
110	110	37.008 or expelled if the student:
111	111	(1) engages in bullying that encourages a minor to
112	112	commit or attempt to commit suicide;
113	113	(2) incites violence against a minor through group
114	114	bullying; or
115	115	(3) releases or threatens to release intimate visual
116	116	material of a minor.
117	117	SECTION 4. Subchapter A, Chapter 37, Education Code, is
118	118	amended by adding Section 37.0151 to read as follows:
119	119	Sec. 37.0151. REPORT TO LOCAL LAW ENFORCEMENT REGARDING
120	120	CERTAIN CONDUCT CONSTITUTING ASSAULT OR HARASSMENT; LIABILITY. (a)
121	121	The principal of a public or private primary or secondary school, or
122	122	a person designated by the principal under Subsection (c), shall
123	123	make a report to any school district police department and the
124	124	police department of the municipality in which the school is
125	125	located or, if the school is not in a municipality, the sheriff of
126	126	the county in which the school is located if the principal has
127	127	reasonable grounds to believe that a student engaged in conduct
128	128	that constitutes an offense under Section 22.01 or 42.07(a)(7),
129	129	Penal Code.
130	130	(b) A person who makes a report under this section shall
131	131	include the name and address of each student the person believes may
132	132	have participated in the conduct.
133	133	(c) The principal of a public or private primary or
134	134	secondary school may designate a school employee, other than a
135	135	school counselor, who is under the supervision of the principal to
136	136	make the report under this section.
137	137	(d) A person is not liable in civil damages for making a
138	138	report in good faith under this section.
139	139	SECTION 5. Sections 37.218(a)(1) and (2), Education Code,
140	140	are amended to read as follows:
141	141	(1) "Bullying" has the meaning assigned by Section
142	142	37.0832 [25.0342].
143	143	(2) "Cyberbullying" has the meaning assigned by
144	144	Section 37.0832 [means the use of any electronic communication
145	145	device to engage in bullying or intimidation].
146	146	SECTION 6. Section 33.006(b), Education Code, is amended to
147	147	read as follows:
148	148	(b) In addition to a school counselor's responsibility
149	149	under Subsection (a), the school counselor shall:
150	150	(1) participate in planning, implementing, and
151	151	evaluating a comprehensive developmental guidance program to serve
152	152	all students and to address the special needs of students:
153	153	(A) who are at risk of dropping out of school,
154	154	becoming substance abusers, participating in gang activity, or
155	155	committing suicide;
156	156	(B) who are in need of modified instructional
157	157	strategies; or
158	158	(C) who are gifted and talented, with emphasis on
159	159	identifying and serving gifted and talented students who are
160	160	educationally disadvantaged;
161	161	(2) consult with a student's parent or guardian and
162	162	make referrals as appropriate in consultation with the student's
163	163	parent or guardian;
164	164	(3) consult with school staff, parents, and other
165	165	community members to help them increase the effectiveness of
166	166	student education and promote student success;
167	167	(4) coordinate people and resources in the school,
168	168	home, and community;
169	169	(5) with the assistance of school staff, interpret
170	170	standardized test results and other assessment data that help a
171	171	student make educational and career plans; [and]
172	172	(6) deliver classroom guidance activities or serve as
173	173	a consultant to teachers conducting lessons based on the school's
174	174	guidance curriculum; and
175	175	(7) serve as an impartial, nonreporting mediator for
176	176	interpersonal conflicts involving two or more students, including
177	177	accusations of bullying or cyberbullying under Section 37.0832.
178	178	SECTION 7. Section 42.07(b)(1), Penal Code, is amended to
179	179	read as follows:
180	180	(1) "Electronic communication" means a transfer of
181	181	signs, signals, writing, images, sounds, data, or intelligence of
182	182	any nature transmitted in whole or in part by a wire, radio,
183	183	electromagnetic, photoelectronic, or photo-optical system. The
184	184	term includes:
185	185	(A) a communication initiated by electronic
186	186	mail, instant message, Internet website, social media application,
187	187	network call, [or] facsimile machine, or other Internet-based
188	188	communication tool; and
189	189	(B) a communication made to a pager.
190	190	SECTION 8. Section 37.0832(b), Education Code, is repealed.
191	191	SECTION 9. The change in law made by this Act applies only
192	192	to an offense committed or conduct violating a penal law of this
193	193	state that occurs on or after the effective date of this Act. An
194	194	offense committed or conduct that occurs before the effective date
195	195	of this Act is governed by the law in effect on the date the offense
196	196	was committed or conduct occurred, and the former law is continued
197	197	in effect for that purpose. For purposes of this section, an
198	198	offense was committed or conduct violating a penal law of this state
199	199	occurred before the effective date of this Act if any element of the
200	200	offense or conduct occurred before that date.
201	201	SECTION 10. This Act takes effect September 1, 2017.