Texas 2023 - 88th Regular

Texas House Bill HB4625 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9285 AMF-F
2	2	By: Reynolds H.B. No. 4625
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to bullying, cyberbullying, and identity-based bullying
8	8	in public schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 28.0022, Education Code, is amended by
11	11	adding Subsections (h) and (i) to read as follows:
12	12	(h) Nothing in this section may be construed as limiting a
13	13	teacher, administrator, or other employee of a state agency, school
14	14	district, or open-enrollment charter school from:
15	15	(1) implementing a strategy to prevent or mediate
16	16	either specific instances or cultures of bullying or harassment
17	17	that occur due to the victim's actual or perceived race, ethnicity,
18	18	color, national origin, sex, gender, religion, disability status,
19	19	or association with a person or group with one or more of those
20	20	actual or perceived characteristics, including a strategy
21	21	implemented pursuant to a policy adopted under Section 37.0832; or
22	22	(2) training teachers, administrators, or other
23	23	employees in the implementation of a strategy described by
24	24	Subdivision (1), including by providing staff development under
25	25	Section 21.451.
26	26	(i) In this section:
27	27	(1) "Bullying" has the meaning assigned by Section
28	28	37.0832.
29	29	(2) "Harassment" has the meaning assigned by Section
30	30	37.001.
31	31	SECTION 2. Section 37.0832(a), Education Code, is amended
32	32	by amending Subdivision (1) and adding Subdivisions (3) and (4) to
33	33	read as follows:
34	34	(1) "Bullying":
35	35	(A) means a single significant act or a pattern
36	36	of acts by one or more students directed at another student that
37	37	exploits an imbalance of power and involves engaging in written or
38	38	verbal expression, expression through electronic means, or
39	39	physical conduct that satisfies the applicability requirements
40	40	provided by Subsection (a-1), and that:
41	41	(i) has the effect or will have the effect
42	42	of physically harming a student, damaging a student's property, or
43	43	placing a student in reasonable fear of harm to the student's person
44	44	or of damage to the student's property;
45	45	(ii) is sufficiently severe, persistent, or
46	46	pervasive enough that the action or threat creates an intimidating,
47	47	threatening, or abusive educational environment for a student;
48	48	(iii) materially and substantially
49	49	disrupts the educational process or the orderly operation of a
50	50	classroom or school; or
51	51	(iv) infringes on the rights of the victim
52	52	at school; and
53	53	(B) includes:
54	54	(i) cyberbullying; and
55	55	(ii) identity-based bullying.
56	56	(3) "Harassment" has the meaning assigned by Section
57	57	37.001.
58	58	(4) "Identity-based bullying" means bullying or
59	59	harassment that occurs due to the victim's:
60	60	(A) actual or perceived race, ethnicity, color,
61	61	national origin, sex, gender, religion, or disability status; or
62	62	(B) association with a person or group with one
63	63	or more of the actual or perceived characteristics listed in
64	64	Paragraph (A).
65	65	SECTION 3. Section 37.0832, Education Code, is amended by
66	66	adding Subsections (b), (b-1), (b-2), and (f) and amending
67	67	Subsections (c), (c-1), (d), and (e).
68	68	(b) [(c)] The board of trustees of each school district
69	69	shall adopt a policy, including any necessary procedures,
70	70	concerning bullying that:
71	71	(1) prohibits the bullying of a student;
72	72	(2) prevents and mediates bullying incidents between
73	73	students that:
74	74	(A) interfere with a student's educational
75	75	opportunities; or
76	76	(B) substantially disrupt the orderly operation
77	77	of a classroom, school, or school-sponsored or school-related
78	78	activity;
79	79	(3) prohibits retaliation against any person,
80	80	including a victim, a witness, or another person, who in good faith
81	81	provides information concerning an incident of bullying;
82	82	(4) requires a school district employee who, in the
83	83	course and scope of employment, witnesses or receives information
84	84	regarding an incident that the employee reasonably believes
85	85	constitutes bullying by or against a student who at the time of the
86	86	incident is enrolled in the district at which the employee is
87	87	employed to report the information to a campus behavior coordinator
88	88	or other appropriate district official;
89	89	(5) [(4)] establishes a procedure for providing notice
90	90	of an incident of bullying to:
91	91	(A) a parent or guardian of the alleged victim on
92	92	or before the third business day after the date the incident is
93	93	reported; and
94	94	(B) a parent or guardian of the student alleged
95	95	to have engaged in bullying [bully] within a reasonable amount of
96	96	time after the incident;
97	97	(6) [(5)] establishes the actions a student should
98	98	take to obtain assistance and intervention in response to bullying;
99	99	(7) [(6)] sets out the supportive measures provided by
100	100	the district under Subsection (b-1) and available to [available
101	101	counseling options for] a student who is impacted by bullying,
102	102	including the alleged [a] victim of bullying, a person who
103	103	allegedly engaged in bullying, or a witness to bullying [or who
104	104	engages in bullying];
105	105	(8) [(7)] establishes procedures for reporting an
106	106	incident of bullying, including procedures for a student to
107	107	anonymously report an incident of bullying;
108	108	(9) establishes procedures for[,] investigating a
109	109	reported incident of bullying, and determining whether the reported
110	110	incident of bullying occurred, which must include requiring:
111	111	(A) written notice of the investigation or a
112	112	reported incident of bullying to all students impacted by the
113	113	incident and the parents or legal guardians of those students;
114	114	(B) the provision of supportive measures under
115	115	Subsection (b-1) to students impacted by the incident throughout
116	116	the investigation;
117	117	(C) the issuance of an investigative report that
118	118	includes the identity of witnesses to the incident, a summary of
119	119	evidence considered, the investigator's determination as to
120	120	whether the reported incident occurred and, if so, the student or
121	121	students responsible for the incident, and the rationale for those
122	122	determinations;
123	123	(D) an opportunity for each impacted student and
124	124	that student's parent or legal guardian to review and comment on the
125	125	investigative report required under Paragraph (C) prior to the
126	126	report being finalized; and
127	127	(E) an opportunity for each impacted student to
128	128	appeal a determination of the investigator;
129	129	(10) requires investigations conducted pursuant to
130	130	the procedures established under Subdivision (9) to be completed
131	131	not later than the 10th business day after the district receives a
132	132	report of bullying submitted pursuant to the procedures established
133	133	under Subdivision (8), unless the time period is extended for good
134	134	cause and a written notice of the extension and rationale is
135	135	provided to impacted students and those students' parents or legal
136	136	guardians;
137	137	(11) [(8)] prohibits the imposition of a disciplinary
138	138	measure on a student who, after an investigation, is found to be a
139	139	victim of bullying, on the basis of that student's use of reasonable
140	140	self-defense in response to the bullying;
141	141	(12) [(9)] requires that discipline for bullying of a
142	142	student with disabilities comply with applicable requirements
143	143	under federal law, including the Individuals with Disabilities
144	144	Education Act (20 U.S.C. Section 1400 et seq.); and
145	145	(13) (10) complies with the minimum standards adopted
146	146	by the agency under Subsection (c) [(c-1)].
147	147	(b-1) The board of trustees of each school district shall
148	148	provide to a student impacted by bullying supportive measures that
149	149	are not disciplinary or punitive and are individualized to the
150	150	student. Measures provided under this subsection shall be designed
151	151	to:
152	152	(1) protect the safety of all students, teachers, and
153	153	other school staff in the district; and
154	154	(2) ensure a student impacted by bullying has
155	155	continued access to the school's educational program, including the
156	156	student's normal instructional lessons and activities, and may
157	157	include:
158	158	(A) counseling;
159	159	(B) the extension of a deadline for turning in
160	160	coursework or other instruction-related adjustments;
161	161	(C) modifications to a class schedule;
162	162	(D) requiring an employee of the district to
163	163	escort a student while the student is on a district campus;
164	164	(E) a transfer under Section 25.0342;
165	165	(F) restrictions on contact between students
166	166	impacted by an incident of bullying; and
167	167	(G) other similar measures.
168	168	(b-2) A school district must provide supportive measures
169	169	under Subsection (b-1):
170	170	(1) without fee or charge; and
171	171	(2) regardless of whether the student elects to
172	172	cooperate with an investigation conducted pursuant to the
173	173	procedures established under Subsection (b)(9).
174	174	(c) [(c-1)] The agency shall adopt minimum standards for a
175	175	school district's policy under Subsection (b) [(c)]. The standards
176	176	must:
177	177	(1) include an emphasis on bullying prevention by
178	178	focusing on school climate, [and] building healthy relationships
179	179	between students and staff, and engaging in dialogue to create a
180	180	culture of understanding and respect;
181	181	(2) require each district campus to establish a
182	182	committee to address bullying by focusing on prevention efforts and
183	183	health and wellness initiatives;
184	184	(3) require students at each grade level to meet
185	185	periodically for instruction on building relationships and
186	186	preventing bullying, including cyberbullying and identity-based
187	187	bullying;
188	188	(4) include an emphasis on increasing student
189	189	reporting of bullying incidents to school employees by:
190	190	(A) increasing awareness about district
191	191	reporting procedures; and
192	192	(B) providing for anonymous reporting of
193	193	bullying incidents;
194	194	(5) require districts to:
195	195	(A) collect information annually through student
196	196	surveys on bullying, including cyberbullying and identity-based
197	197	bullying; and
198	198	(B) use those survey results to develop action
199	199	plans to address student concerns regarding bullying, including
200	200	cyberbullying and identity-based bullying; and
201	201	(6) require districts to develop a rubric or checklist
202	202	to assess an incident of bullying and to determine the district's
203	203	response to the incident.
204	204	(d) The policy and any necessary procedures adopted under
205	205	Subsection (b) [(c)] must be included:
206	206	(1) annually, in the student and employee school
207	207	district handbooks; and
208	208	(2) in the district improvement plan under Section
209	209	11.252.
210	210	(e) The procedure for reporting bullying established under
211	211	Subsection (b) [(c)] must be posted on the district's Internet
212	212	website to the extent practicable.
213	213	(f) The board of trustees of each school district shall
214	214	annually publish a written summary of all incidents of bullying
215	215	reported at each campus within the district. The summary must be
216	216	posted on the district's Internet website and sent to all parents
217	217	and legal guardians of students enrolled in the district at the
218	218	beginning of each school year and:
219	219	(1) may not identify any person; and
220	220	(2) must include:
221	221	(A) the number of reported incidents of bullying
222	222	at each district campus, including the number of reported incidents
223	223	of cyberbullying and identity-based bullying;
224	224	(B) the number of investigations conducted as a
225	225	result of reported incidents of bullying;
226	226	(C) the disposition, if applicable, of any
227	227	disciplinary processes arising from the reported incidents of
228	228	bullying, including a summary of the nature of an incident that
229	229	resulted in a disciplinary process, the rationale behind the
230	230	determination of responsibility, if applicable, and any
231	231	disciplinary measure imposed; and
232	232	(D) the number of reports for which the district
233	233	determined not to initiate an investigation or impose disciplinary
234	234	measures and the reasons for each determination.
235	235	SECTION 4. Section 48.009(b-4), Education Code, as added by
236	236	Chapter 972 (S.B. 2050), Acts of the 87th Legislature, Regular
237	237	Session, 2021, is amended to read as follows:
238	238	(b-4) The commissioner by rule shall require each school
239	239	district and open-enrollment charter school to annually report
240	240	through the Public Education Information Management System the
241	241	number of reported incidents of bullying that have occurred at each
242	242	campus. The commissioner's rules shall require a district or
243	243	school to specify the number of incidents of bullying that included
244	244	cyberbullying and identity-based bullying.
245	245	SECTION 5. Not later than 45 days after the effective date
246	246	of this Act, the Texas Education Agency shall adopt or revise
247	247	minimum standards as necessary to comply with Section 37.0832(c),
248	248	Education Code, as amended by this Act.
249	249	SECTION 6. This Act applies beginning with the 2023-2024
250	250	school year.
251	251	SECTION 7. This Act takes effect immediately if it receives
252	252	a vote of two-thirds of all the members elected to each house, as
253	253	provided by Section 39, Article III, Texas Constitution. If this
254	254	Act does not receive the vote necessary for immediate effect, this
255	255	Act takes effect September 1, 2023.