Texas 2021 - 87th Regular

Texas House Bill HB4064 Compare Versions

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

Old	New	Differences
1	1	87R9401 MEW-D
2	2	By: Meza H.B. No. 4064
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to policies and procedures for addressing bullying and
8	8	harassment in public schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.104(b), Education Code, as amended by
11	11	Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
12	12	(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
13	13	reenacted and amended to read as follows:
14	14	(b) An open-enrollment charter school is subject to:
15	15	(1) a provision of this title establishing a criminal
16	16	offense;
17	17	(2) the provisions in Chapter 554, Government Code;
18	18	and
19	19	(3) a prohibition, restriction, or requirement, as
20	20	applicable, imposed by this title or a rule adopted under this
21	21	title, relating to:
22	22	(A) the Public Education Information Management
23	23	System (PEIMS) to the extent necessary to monitor compliance with
24	24	this subchapter as determined by the commissioner;
25	25	(B) criminal history records under Subchapter C,
26	26	Chapter 22;
27	27	(C) reading instruments and accelerated reading
28	28	instruction programs under Section 28.006;
29	29	(D) accelerated instruction under Section
30	30	28.0211;
31	31	(E) high school graduation requirements under
32	32	Section 28.025;
33	33	(F) special education programs under Subchapter
34	34	A, Chapter 29;
35	35	(G) bilingual education under Subchapter B,
36	36	Chapter 29;
37	37	(H) prekindergarten programs under Subchapter E
38	38	or E-1, Chapter 29;
39	39	(I) extracurricular activities under Section
40	40	33.081;
41	41	(J) discipline management practices or behavior
42	42	management techniques under Section 37.0021;
43	43	(K) health and safety under Chapter 38;
44	44	(L) public school accountability under
45	45	Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
46	46	(M) the requirement under Section 21.006 to
47	47	report an educator's misconduct;
48	48	(N) intensive programs of instruction under
49	49	Section 28.0213;
50	50	(O) the right of a school employee to report a
51	51	crime, as provided by Section 37.148;
52	52	(P) bullying and harassment prevention policies
53	53	and procedures under Section 37.0832;
54	54	(Q) the right of a school under Section 37.0052
55	55	to place a student who has engaged in certain bullying behavior in a
56	56	disciplinary alternative education program or to expel the student;
57	57	(R) the right under Section 37.0151 to report to
58	58	local law enforcement certain conduct constituting assault or
59	59	harassment;
60	60	(S) a parent's right to information regarding the
61	61	provision of assistance for learning difficulties to the parent's
62	62	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
63	63	(T) establishment of residency under Section
64	64	25.001;
65	65	(U) [(T)] school safety requirements under
66	66	Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
67	67	37.207, and 37.2071;
68	68	(V) [(T)] the early childhood literacy and
69	69	mathematics proficiency plans under Section 11.185; and
70	70	(W) [(U)] the college, career, and military
71	71	readiness plans under Section 11.186.
72	72	SECTION 2. Section 33.006(b), Education Code, is amended to
73	73	read as follows:
74	74	(b) In addition to a school counselor's responsibility
75	75	under Subsection (a), the school counselor shall:
76	76	(1) participate in planning, implementing, and
77	77	evaluating a comprehensive developmental guidance program to serve
78	78	all students and to address the special needs of students:
79	79	(A) who are at risk of dropping out of school,
80	80	becoming substance abusers, participating in gang activity, or
81	81	committing suicide;
82	82	(B) who are in need of modified instructional
83	83	strategies; or
84	84	(C) who are gifted and talented, with emphasis on
85	85	identifying and serving gifted and talented students who are
86	86	educationally disadvantaged;
87	87	(2) consult with a student's parent or guardian and
88	88	make referrals as appropriate in consultation with the student's
89	89	parent or guardian;
90	90	(3) consult with school staff, parents, and other
91	91	community members to help them increase the effectiveness of
92	92	student education and promote student success;
93	93	(4) coordinate people and resources in the school,
94	94	home, and community;
95	95	(5) with the assistance of school staff, interpret
96	96	standardized test results and other assessment data that help a
97	97	student make educational and career plans;
98	98	(6) deliver classroom guidance activities or serve as
99	99	a consultant to teachers conducting lessons based on the school's
100	100	guidance curriculum; and
101	101	(7) serve as an impartial, nonreporting resource for
102	102	interpersonal conflicts and discord involving two or more students,
103	103	including accusations of bullying or harassment under Section
104	104	37.0832.
105	105	SECTION 3. Section 37.0832, Education Code, is amended to
106	106	read as follows:
107	107	Sec. 37.0832. BULLYING AND HARASSMENT PREVENTION POLICIES
108	108	AND PROCEDURES. (a) In this section:
109	109	(1) "Bullying":
110	110	(A) means a single significant act or a pattern
111	111	of acts by one or more students directed at another student that
112	112	exploits an imbalance of power and involves engaging in written or
113	113	verbal expression, expression through electronic means, or
114	114	physical conduct that satisfies the applicability requirements
115	115	provided by Subsection (a-1), and that:
116	116	(i) has the effect or will have the effect
117	117	of physically harming a student, damaging a student's property, or
118	118	placing a student in reasonable fear of harm to the student's person
119	119	or of damage to the student's property;
120	120	(ii) is sufficiently severe, persistent, or
121	121	pervasive enough that the action or threat creates an intimidating,
122	122	threatening, or abusive educational environment for a student;
123	123	(iii) materially and substantially
124	124	disrupts the educational process or the orderly operation of a
125	125	classroom or school; or
126	126	(iv) infringes on the rights of the victim
127	127	at school; and
128	128	(B) includes cyberbullying.
129	129	(2) "Cyberbullying" means bullying that is done
130	130	through the use of any electronic communication device, including
131	131	through the use of a cellular or other type of telephone, a
132	132	computer, a camera, electronic mail, instant messaging, text
133	133	messaging, a social media application, an Internet website, or any
134	134	other Internet-based communication tool.
135	135	(3) "Harassment" has the meaning assigned by Section
136	136	37.001.
137	137	(a-1) This section applies to:
138	138	(1) bullying or harassment that occurs on or is
139	139	delivered to school property or to the site of a school-sponsored or
140	140	school-related activity on or off school property;
141	141	(2) bullying or harassment that occurs on a publicly
142	142	or privately owned school bus or vehicle being used for
143	143	transportation of students to or from school or a school-sponsored
144	144	or school-related activity; and
145	145	(3) cyberbullying that occurs off school property or
146	146	outside of a school-sponsored or school-related activity if the
147	147	cyberbullying:
148	148	(A) interferes with a student's educational
149	149	opportunities; or
150	150	(B) substantially disrupts the orderly operation
151	151	of a classroom, school, or school-sponsored or school-related
152	152	activity.
153	153	(b) Conduct that constitutes bullying or harassment may
154	154	include conduct that occurs due to:
155	155	(1) another student's actual or perceived race, color,
156	156	national origin, sex, disability status, sexual orientation,
157	157	gender identity, gender expression, ethnicity, or religion;
158	158	(2) a distinguishing characteristic of another
159	159	student, as identified in the model guidance developed by the
160	160	agency under Section 37.0833; or
161	161	(3) a student's association with a person or group with
162	162	one or more of the actual or perceived characteristics described by
163	163	Subdivisions (1) and (2).
164	164	(c) The board of trustees of each school district shall
165	165	adopt a policy, including any necessary procedures, concerning
166	166	bullying and harassment that:
167	167	(1) prohibits the bullying or harassment of a student;
168	168	(2) prohibits retaliation against any person,
169	169	including a victim, a witness, or another person, who in good faith
170	170	provides information concerning an incident of bullying or
171	171	harassment;
172	172	(3) establishes a procedure for providing notice,
173	173	while considering the circumstances of the incident and ensuring
174	174	the safety and well-being of the student, of an incident of bullying
175	175	or harassment to:
176	176	(A) a parent or guardian of the alleged victim on
177	177	or before the third business day after the date the incident is
178	178	reported; and
179	179	(B) a parent or guardian of the alleged bully or
180	180	harasser within a reasonable amount of time after the incident;
181	181	(4) establishes the actions a student should take to
182	182	obtain assistance and intervention in response to bullying and
183	183	harassment;
184	184	(5) sets out the available counseling options for a
185	185	student who is a victim of or a witness to bullying or harassment or
186	186	who engages in bullying or harassment;
187	187	(6) establishes procedures for reporting an incident
188	188	of bullying or harassment, including procedures for a student to
189	189	anonymously report an incident of bullying or harassment, promptly
190	190	investigating a reported incident of bullying or harassment, and
191	191	determining whether the reported incident of bullying or harassment
192	192	occurred;
193	193	(7) specifies that no remedial action may be taken
194	194	solely on the basis of an anonymous report of an incident of
195	195	bullying or harassment;
196	196	(8) prohibits the imposition of a disciplinary measure
197	197	on a student who, after an investigation, is found to be a victim of
198	198	bullying or harassment, on the basis of that student's use of
199	199	reasonable self-defense in response to the bullying or harassment;
200	200	[and]
201	201	(9) [(8)] requires that discipline for bullying or
202	202	harassment of a student with disabilities comply with applicable
203	203	requirements under federal law, including the Individuals with
204	204	Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
205	205	(10) distinguishes various responses to reported
206	206	incidents of bullying or harassment, including age-appropriate
207	207	consequences;
208	208	(11) encourages positive and preventative approaches
209	209	to discipline for bullying or harassment that minimize a student's
210	210	removal from the classroom and ensure students are not subject to
211	211	disproportionate punishment;
212	212	(12) is consistent with the model guidance developed
213	213	by the agency under Section 37.0833;
214	214	(13) designates a school district employee to serve as
215	215	the primary contact regarding the policies and procedures adopted
216	216	under this section, including to:
217	217	(A) receive copies of all formal and informal
218	218	complaints regarding violations;
219	219	(B) assume responsibility for the implementation
220	220	of the policies and procedures; and
221	221	(C) serve as primary contact for the agency; and
222	222	(14) provides for the implementation of an
223	223	evidence-based program for discussing bullying and harassment
224	224	issues and related school policies with all students.
225	225	(c-1) The procedures established under Subsection (c)(6)
226	226	must designate the principal, or the principal's designee, at the
227	227	campus in which the incident of bullying or harassment was reported
228	228	as the person responsible for overseeing the investigation.
229	229	(c-2) A school district must:
230	230	(1) review and revise the district's policy adopted
231	231	under Subsection (c) at least once every two years; and
232	232	(2) submit the district's policy to the agency.
233	233	(d) The policy and any necessary procedures adopted under
234	234	Subsection (c) must be included:
235	235	(1) annually, in the student and employee school
236	236	district handbooks and as part of any new employee training
237	237	materials; and
238	238	(2) in the district improvement plan under Section
239	239	11.252.
240	240	(e) The procedure for reporting bullying or harassment
241	241	established under Subsection (c) must be posted on the district's
242	242	Internet website to the extent practicable.
243	243	(f) Each school district may establish a district-wide
244	244	policy to assist in the prevention and mediation of bullying and
245	245	harassment incidents between students that:
246	246	(1) interfere with a student's educational
247	247	opportunities; or
248	248	(2) substantially disrupt the orderly operation of a
249	249	classroom, school, or school-sponsored or school-related activity.
250	250	SECTION 4. Subchapter C, Chapter 37, Education Code, is
251	251	amended by adding Section 37.0833 to read as follows:
252	252	Sec. 37.0833. BULLYING AND HARASSMENT MODEL GUIDANCE AND
253	253	PROCEDURES. (a) In this section:
254	254	(1) "Bullying" has the meaning assigned by Section
255	255	37.0832.
256	256	(2) "Harassment" has the meaning assigned by Section
257	257	37.001.
258	258	(b) To assist school districts in establishing bullying and
259	259	harassment policies and procedures as required by Section 37.0832,
260	260	the agency shall develop model guidance that:
261	261	(1) includes definitions of bullying and harassment
262	262	consistent with this section;
263	263	(2) identifies distinguishing characteristics of
264	264	students that are protected from bullying or harassment; and
265	265	(3) includes guidance for school districts on:
266	266	(A) the adoption and implementation of the
267	267	district's policies and procedures; and
268	268	(B) the needs of transgender, non-binary, and
269	269	gender-nonconforming students that addresses:
270	270	(i) maintenance of a safe and supportive
271	271	learning environment free from discrimination and harassment for
272	272	all students;
273	273	(ii) terms, definitions, and discussion of
274	274	gender identity and expression;
275	275	(iii) maintenance of gender, name, and
276	276	pronoun information to reflect a student's gender identity;
277	277	(iv) protection of student privacy and the
278	278	confidentiality of sensitive information;
279	279	(v) student participation in school
280	280	activities and events segregated by sex, including athletics and
281	281	the use of school facilities; and
282	282	(vi) compliance with all applicable state
283	283	and local nondiscrimination and privacy laws or ordinances.
284	284	(c) The agency shall hire a safe school specialist to:
285	285	(1) identify evidence-based training resources; and
286	286	(2) provide additional technical assistance for
287	287	policy implementation by school districts that incorporates state
288	288	bullying and harassment prevention standards.
289	289	(d) The agency shall develop procedures for:
290	290	(1) monitoring school district compliance with
291	291	Section 37.0832;
292	292	(2) providing technical assistance to school
293	293	districts in implementing policies and procedures under Section
294	294	37.0832;
295	295	(3) collecting reports on incidents of bullying and
296	296	harassment from school districts, while maintaining student
297	297	confidentiality;
298	298	(4) publishing a biannual report that includes
299	299	statewide statistics of incidents of bullying and harassment,
300	300	disaggregated by characteristics identified under Subsection
301	301	(b)(2); and
302	302	(5) reporting of and responding to failures to
303	303	implement bullying and harassment policies and procedures by school
304	304	districts and administrators, including by:
305	305	(A) investigating violations of law relating to
306	306	bullying and harassment; and
307	307	(B) imposing sanctions on school districts that
308	308	fail to develop and implement policies and procedures in accordance
309	309	with Section 37.0832.
310	310	(e) For any school district that the agency determines is
311	311	out of compliance with Section 37.0832, the agency shall conduct an
312	312	investigation and issue a report detailing guidance for compliance.
313	313	If the school district has not complied not later than one month
314	314	after receiving the report from the agency, the commissioner may
315	315	take any appropriate action authorized to be taken by the
316	316	commissioner under Chapter 39A.
317	317	(f) The commissioner may adopt rules as necessary to
318	318	implement this section.
319	319	SECTION 5. As soon as practicable after the effective date
320	320	of this Act:
321	321	(1) the Texas Education Agency shall develop the model
322	322	guidance and procedures as required by Section 37.0833, Education
323	323	Code, as added by this Act; and
324	324	(2) each school district shall adopt a policy
325	325	concerning bullying and harassment as required by Section
326	326	37.0832(c), Education Code, as amended by this Act.
327	327	SECTION 6. To the extent of any conflict, this Act prevails
328	328	over another Act of the 87th Legislature, Regular Session, 2021,
329	329	relating to nonsubstantive additions to and corrections in enacted
330	330	codes.
331	331	SECTION 7. This Act applies beginning with the 2021-2022
332	332	school year.
333	333	SECTION 8. This Act takes effect immediately if it receives
334	334	a vote of two-thirds of all the members elected to each house, as
335	335	provided by Section 39, Article III, Texas Constitution. If this
336	336	Act does not receive the vote necessary for immediate effect, this
337	337	Act takes effect September 1, 2021.